Barrios v. Enterprise Leasing Co.

FRANK EVANS, Justice (Retired),

concurring.

I agree with the majority opinion that the only summary judgment evidence before this court is the rental contract and business records affidavit and that the only question presented is whether the contract conclusively establishes Barrios’s liability as a matter of law for the theft of the vehicle. I also agree that the provisions of the contract do not establish Barrios’s liability as a matter of law.

The operative contract provision in question simply obligates Barrios to return the vehicle in the same condition as received “ordinary wear and tear…