Ablin v. Morton Southwest Co.

OPINION

BISSETT, Justice (Assigned).

This is an appeal by Ralph Ablin and wife, Judy Ablin (hereinafter “the Ablins”), plaintiffs in the trial court, from a summary judgment in favor of Morton Southwest Company (hereinafter “Morton Southwest”) and Overhead Door Company of San Antonio, Inc. (hereinafter “Overhead Door”), defendants in the trial court. We affirm.

The main question to be answered in this case is whether the automatic garage door opener in a residential building is, as a matter of law, an “improvement to real property” within the purview of TEX.CIV. PRAC. & REM. CODE ANN. § 16.009…