Hartsfield v. McRee Ford, Inc.
Texas Court of Appeals, 1st District (Houston)
1DissentHutson-Dunn, Justice
• I dissent. The majority finds that the police reports attached to the Hartsfields’ *152summary judgment response did not controvert McRee Ford’s summary judgment evidence that it had taken reasonable precautions to prevent automobile theft. Therefore, the majority finds that Mitchell Dale’s affidavit for McRee Ford conclusively negated an essential element of the negligence upon which the Hartsfields’ cause of action rested. I disagree. Considering the summary judgment evidence in a light most favorable to the Hartsfields, Nixon v. Mr. Property Mgmt, 690 S.W.2d 546, 548-49 (Tex.1985), I believe…
2Cases cited8 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- Hunsucker v. Omega Industries, Texas Court of Appeals, 5th District (Dallas)1983
- Finnigan v. Blanco CountyCourt of Appeals of Texas · 1984
- Wolf v. Friedman Steel Sales, Inc.Court of Appeals of Texas · 1986
- Midkiff v. Hines, Texas Court of Appeals, 1st District (Houston)1993
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