Jones v. Nightingale

OPINION

CHAPA, Chief Justice.

This is an appeal from a general summary judgment granted on Appellee’s declaratory judgment action. Appellant appeals on two points of error.

Appellant Jones brought a prior lawsuit against Appellee Nightingale for personal injuries she had sustained while in his employ. Jones claimed that she injured her knee on the uneven floor surface of a barn while leading a mare back into the bam. She had originally alleged that she was negligently injured while in the scope and course of her employment. A year later, she amended her petition to allege that Dr. Nightingale…