Hicks v. Humble Oil and Refining Co.

OPINION

AMIDEI, Justice.

Appellants (Hicks) appeal from a summary judgment for appellee (Exxon) in a damage suit. In three points of error, appellants contend the trial court erred in granting summary judgment because Exxon’s summary judgment evidence was insufficient and there are genuine issues of material fact preventing summary judgment. We affirm.

I. BACKGROUND.

Exxon bought a 45 acre tract in Webster in 1921 and dug two unlined earthen pits on the property, and used the pits for storage of crude oil. Exxon covered the storage pits with wooden covers which were destroyed by a tornado. Exxon…