Smith v. Foodmaker, Inc.

OPINION

BRIGHAM, Justice.

Appellants Joe and Georgie Smith (“the Smiths”) contend the trial court erroneously granted a take-nothing summary judgment for appellee Foodmaker, Inc. in a wrongful death claim brought by the Smiths following the murder of their son at a Fort Worth restaurant. Because we find the sole point of error to be without merit, we affirm.

BACKGROUND

The Smiths’ son Timothy worked at a Jack-in-the-Box restaurant in Fort Worth. Timothy was fatally shot by co-worker Derrick Crowe dining a 1994 robbery of the restaurant by Crowe and others. The Smiths sued: Foodmaker, the…