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Questions of Fact Preclude Summary Judgment

By Greg Jones (Senior Editor)

Friday, August 6, 2010 | 0

A trial court should not have granted summary judgment dismissing all claims arising from a wrongful death claim because issues of material fact remained as to paternity and negligence, a Texas appeals court ruled.Case: Transcontinental Insurance Co. v. Briggs Equipment Trust and Genie Industries, No. 14-08-00795-CV, published, 8/3/2010.Facts: Reabon Jackson Jr., an employee of Congregation Beth Yeshurun, was using a lift rented from Briggs Equipment Trust to change light bulbs that were about 40 feet above the floor. The lift was situated on a frame-like base device so it could be operated on...

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