Cook v. Smith

AKIN, Justice.

Kathleen Cook sued Volney and Barbara Smith (a husband and wife) alleging that she had been injured as a result of the negligent operation of a motor vehicle owned by Volney and driven by Barbara Smith. The trial court rendered summary judgment in favor of the Smiths. Cook prosecutes this appeal contending that the summary judgment was improper as to Barbara Smith because a fact issue was presented concerning whether Barbara Smith was estopped to plead limitations. We agree that Cook presented summary judgment evidence which raised a fact issue as to estoppel. Thus, we reverse…