Marjorie Messer v. Texas Roadhouse Restaurant, A/K/A Texas Roadhouse of Waco, A/K/A Texas Roadhouse of Waco, LLC, A/K/A Texas Roadhouse of Waco, LTD

IN THE

TENTH COURT OF APPEALS

No. 10-05-00340-CV

Marjorie Messer,

Appellant

v.

Texas Roadhouse Restaurant, a/k/a Texas

Roadhouse of Waco, a/k/a Texas Roadhouse

of Waco, LLC, a/k/a Texas Roadhouse of Waco, LTD,

Appellees

From the 170th District Court

McLennan County, Texas

Trial Court No. 2004-1924-4

CONCURRING Opinion

I fully join Justice Reyna’s opinion and concur in the judgment, but I write separately to emphasize two points.

Adequacy of Summary Judgment Response

Messer’s summary judgment response addresses the evidence on the second element—the condition posed an unreasonable risk of harm—by repeatedly…