Valdez v. Charles Orsinger Buick Co.

CORNELIUS, Chief Justice.

Belinda Valdez appeals from a summary judgment granted Charles Orsinger Buick based upon a plea of limitations. The question we must decide is whether Valdez’s response to the motion for summary judgment raised an issue of material fact concerning her diligence in having citation issued and served, thus making summary judgment improper.

On August 6, 1982, Orsinger Buick permitted Samir Ghankani to test drive a used car without a salesman along to supervise. Ghankani lost control of the car and struck a parked car which rolled onto the sidewalk and over Valdez. On…