Legal Opinion

Arbelaez v. Just Brakes Corp.

Texas Court of Appeals, 3rd District (Austin)

Decided August 12, 2004No. 03-03-00587-CVPublishedCited by 48 opinions

1Opinion of the Court

OPINION

MACK KIDD, Justice.

This is a summary judgment case. We are asked to review the grant of a traditional 1 motion for summary judgment in favor of appellee, Just Brakes Corporation. The district court ruled as a matter of law that Brian Paul, an employee of Just Brakes, was not within the course and scope of his employment at the time of an automobile collision with appellant, Luz-stella Arbelaez. Concluding that Just Brakes failed to prove as a matter of law that Paul was not acting within the course and scope of his employment, we reverse and remand.

BACKGROUND

In January 2001, Paul, a…

2Cases cited34 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  3. Great American Reserve Insurance Co. v. San Antonio Plumbing Supply Co.Texas Supreme Court · 1965
  4. Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
  5. Texas Workers' Compensation Commission v. GarciaTexas Supreme Court · 1995

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3Cited by48 opinions

  1. Bodin v. United StatesCourt of Appeals for the Fifth Circuit · 2006
  2. Bell v. VPSI, INC.Court of Appeals of Texas · 2006
  3. Anderson v. BessmanCourt of Appeals of Texas · 2011
  4. Texas Property & Casualty Guaranty Ass'n v. National American Insurance Co., Texas Court of Appeals, 3rd District (Austin)2006
  5. Green v. Ransor, Inc.Court of Appeals of Texas · 2005

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