Pena v. Neal, Inc.

OPINION

SHIRLEY W. BUTTS, Justice. 1

This is an appeal from a summary judgment in favor of the defendant, Neal, Inc. d/b/a Fina One Stop (Neal), in a dramshop suit. Plaintiffs are Rafaella Pena, mother of deceased Leon Paul Gonzales, who is also the representative of his estate, Ramon Pena, son of deceased Gloria Arriola, who is also the representative of her estate, and Lorenzo Gonzales, intervenor. We reverse and remand.

Standard of Review

A defendant who moves for summary judgment pursuant to Tex.R.Civ.P. 166a has the burden of showing as a matter of law that no material issue of fact exists…