Simmons v. Briggs Equipment Trust

OPINION

TERRY JENNINGS, Justice.

Appellant, Harry Simmons, challenges the trial court’s rendition of summary judgment in favor of appellee, Briggs Equipment Trust (“Briggs”), in Simmons’s suit against Briggs for negligence in the maintenance and repair of a rail-car mover. In his sole issue, Simmons contends that the trial court erred in granting Briggs’s no-evidence summary judgment motion. We affirm.

Factual and Procedural Background

In his first amended petition, Simmons alleged that on August 2, 2003, he was using a Trackmobile 95TM Mobile Rail-Car Mover (“TrackMobile”) to move railroad cars…