M. W. Sullivan, as Trustee of the Sullivan Crosby Trust v. Brokers Logistics, Ltd., and Foxworth Galbraith Lumber Co.
Texas Court of Appeals, 8th District (El Paso)
1Opinion of the Court
OPINION
ANN CRAWFORD McCLURE, Chief Justice.
For the second time in a matter of weeks, we are presented with ramifications of the great flood of August 2006. M.W. Sullivan, acting as trustee of the Sullivan Crosby Trust, appeals from a summary judgment granted in favor of Brokers Logistics, Ltd. and Foxworth-Galbraith Lumber Company. For the reasons that follow, we reverse and remand.
FACTUAL SUMMARY
On October 5, 2007, Sullivan, acting in his capacity as trustee of the Trust, filed this lawsuit against Brokers and Fox-worth, alleging that they proximately caused temporary injury to Trust…
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