Laurel v. Herschap

OPINION ON APPELLEE’S MOTION FOR REHEARING

Opinion by:

PHIL HARDBERGER, Chief Justice.

Appellee’s motion for rehearing is GRANTED. This court’s opinion and judgment dated June 23, 1999 are withdrawn, and this opinion and judgment are substituted.

Ricardo Laurel (“Laurel”) appeals a summary judgment rendered in favor of Howard Herschap d/b/a HRH Operating, Inc. (“HRH”). In his sole point of error, Laurel asserts that the trial court erred in granting summary judgment in favor of HRH based on a no duty argument because HRH had a duty to exercise control with reasonable care.

The motion for rehearing…