Brown v. Hearthwood II Owners Ass'n, Inc.

PLURALITY OPINION

EVA M. GUZMAN, Justice.

This appeal arises from a personal injury lawsuit in which the appellants sought damages from appellee Hearthwood II Owners Association, Inc. (“Hearthwood”) for injuries sustained while evacuating a building during a fire. The trial court granted Hearthwood’s motion for summary judgment, and in a single issue, appellants challenge the order. We affirm in part, reverse in part, and remand this case for further proceedings consistent with this opinion.

I. Factual and Procedural Background

On or about April 18, 2002, appellants resided or were present1 at…