Smith v. Muckleroy Enterprises

DUNAGAN, Chief Justice.

This is an appeal from a summary judgment rendered in favor of one of the defendants in a negligence case. Lynn Smith d/b/a Nacogdoches Marine sought recovery from Muckleroy Enterprises and Truman Jones for the destruction by fire of his marine supply shop’s inventory. The trial court severed the cause of action against Truman Jones and granted summary judgment in favor of Muckleroy Enterprises.

Muckleroy Enterprises, a partnership, owned the building in which the fire started. Part of this building was occupied by Nacogdoches Marine under a two year lease; the other…