Luz Chavez, Individually, as Representative of the Estates of Rudolph Chavez, Sr. (Deceased) and Rudolph Chavez, Jr. (Deceased), and as Next Friend of J.C., a Minor, Darlene Chavez, Allen Chavez, Francisco Chavez, and Celia Chavez v. Kansas City Southern Railway Company and Jose Juarez

At trial, a presumption operates to establish a fact until rebutted, Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 80-81 (Tex. 2000), but not in summary judgment proceedings, Missouri-Kansas-Texas R.R. Co. v. City of Dallas, 623 S.W.2d 296, 297-98 (Tex. 1981). Because the court of appeals misapplied this rule, 518 S.W.3d 33, 2015 WL 3772225 (Tex. App.—San Antonio 2015), we reverse its judgment and remand the case to the trial court for further proceedings.

Petitioner Luz Chavez sued respondents, Kansas City Southern Railway and its engineer (collectively, “the Railway”), for the wrongful death of…