Midkiff v. Hines

OPINION

HUTSON-DUNN, Justice.

The appellants, Donald Midkiff, Sr. and Linda Neely, individually and as natural parents and personal representatives of the estate of Lome Midkiff, appeal from a take-nothing summary judgment in favor of the appellees, Gerald D. Hines, Gerald D. Hines Interests, Limited, and Setec Protection Service Incorporated. We reverse and remand.

As Lome Midkiff was sitting in her vehicle in the drive-through line at an Antone’s restaurant on Westheimer in Houston, three men attempted to steal her car. During the attempt, one of the men shot Lome and she died.

The appellants…