Garza v. Perez

OPINION

GREEN, Chief Justice.

Appellant Dan Garza, hereafter referred to as plaintiff, filed this suit against ap-pellee Gilbert Perez d/b/a Jolly Roger Ice Cream, hereafter referred to as defendant, and one Tommie Dies, operator of the dump truck involved in the accident in question. Plaintiff sought to recover damages for the death of his six year old daughter Diana, allegedly caused by negligence of said defendants. Defendant Perez filed a motion for summary judgment as to him which motion was sustained. Thereupon plaintiff took a non-suit as to defendant Dies, and the court rendered a take…