Doe v. Boys Clubs of Greater Dallas, Inc.

GAMMAGE, Justice, joined by HIGHTOWER, CORNYN and SPECTOR, Justices,

dissenting.

The only issue presented in this ease is whether the plaintiffs raised a genuine issue of material fact, thereby precluding summary judgment for the defendant. Because the plaintiffs’ affidavits clearly raise a fact issue whether Boys Club’s admitted misrepresentations produced or proximately caused the plaintiffs’ injuries, I dissent.

Proximate cause requires both cause-in-fact and foreseeability. Travis v. City of Mesquite, 830 S.W.2d 94, 98 (Tex.1992). An act or omission is a cause-in-fact if it is a substantial…