Nicholson v. Herman

PHIL HARDBERGER, Chief Justice.

Carlyn Nicholson appeals from the trial court’s grant of summary judgment in favor of Herman and Mary Smith in this premises liability action. In two points of error, Nicholson complains that the trial court erred in not striking certain summary judgment evidence and also erred by granting the Smiths’ motion for summary judgment. We affirm the trial court’s grant of summary judgment.

I

In early to mid-December of 1994, Thomas and Carlyn Nicholson rented a space at Choke Canyon RV Park, a recreational park owned by the Smiths, with the intent to spend the winter…