Lawrence v. TD INDUSTRIES

McCRAW, Justice.

Rhonda Lawrence appeals from a take-nothing summary judgment in favor of TD Industries. Lawrence sued TD Industries, alleging that its gross negligence caused the death of her husband, a TD Industries employee. Todd Lawrence died when an excavation in which he was working collapsed. In her first point of error, Lawrence contends that the summary judgment proof is insufficient to establish conclusively the nonexistence of facts material to any element of her cause of action. Finding this point of error meritorious, we reverse, and need not reach Lawrence’s other points of error.