Perry v. Aggregate Plant Products Co.

OPINION

CHAPA, Justice.

This is an appeal from a summary judgment. The dispositive issue before us is whether there is sufficient summary judgment proof that Indiana substantive law should be applied in accordance with Texas choice of law rules. We find that appellee has not sustained its burden and reverse.

Factual Background

In August 1985, appellant Kenneth L. Perry, an Indiana resident, was injured when a wooden platform on which he was working collapsed. The wooden platform allowed workers to service and maintain auxiliary equipment mounted beneath an elevated cement silo. Appellee Aggregate…