Cabo Construction Inc. v. R S Clark Construction Inc.

OPINION

EVELYN V. KEYES, Justice.

Appellant, Cabo Construction, Inc. appeals the trial court’s order granting summary judgment in favor of appellees, R S Clark Construction, Inc. (“Clark”) and Randalls Food Markets, Inc. (“Randalls”). In four issues on appeal, Cabo argues that (1) the trial court improperly relied on pleadings in granting summary judgment; (2) the indemnity agreement did not satisfy the express negligence test; and (3) because the indemnity agreement does not pass the express negligence test, Cabo should not have to pay legal fees and expenses incurred by Clark and Randalls.

We…