Utilities Pipeline Co. v. American Petrofina Marketing

WHITHAM, Justice.

In this shipper-carrier dispute, the appellant-carrier, Utilities Pipeline Company, appeals from a summary judgment in favor of the appellee-shipper, American Petrofina Marketing, Inc. In its sole point of error, the carrier contends that the trial court erred in granting the shipper’s motion for partial summary judgment and entering a final judgment thereon because there was summary judgment evidence sufficient to raise genuine issues of material fact as to the carrier’s affirmative defense of flood and Act of God. We agree. Accordingly, we reverse and remand.

The shipper…