Easley v. Members Insurance Group

OPINION

PAUL PRESSLER, Justice.

A summary judgment was granted the defendant in an action for damages pursuant to the “underinsured” provisions of an automobile insurance policy. A motion for new trial was overruled by operation of law. Appellant brings three points of error. We affirm.

In the Fall of 1986, while on foot in the parking lot of a mall in Baytown, appellant was struck by an automobile driven by Jeffrey Scott Ruiz, a minor. He sued the driver and his parents for his injuries sustained as a result of the collision. The Ruiz’ insurance company filed a petition in intervention. In the…