Lee v. Loftin

BRIAN HOYLE, Justice.

Because the summary judgment proof raises a fact issue as to whether the exception to the limitation on liability contained in section 87.004(2) applies, I agree that the trial court’s summary judgment in favor of Loftin should be reversed and the case remanded for further proceedings. Because the summary judgment proof fails to raise a fact issue as to whether the limitation on liability contained in section 87.003 applies, I concur in the court’s judgment by separate opinion.

Limitation on Liability

In construing a statute, our primary objective is to determine and give…