The appellee rented equipment from the appellant and subsequently damaged the equipment beyond repair in a single-vehicle accident. Because genuine issues of material fact exist as to the valuation of the 2007 truck with its custom features and the meaning and proper application of "full-replacement value," the trial court properly denied the appellant's summary-judgment motion but improperly granted the appellee's motion for summary judgment, as issues regarding the breach and damages elements of the appellant's breach-of-contract cause of action remain unresolved. El Paso Court of Appeals, No. 08-11-00342-CV, 01-30-2013.
Terex Utilities Inc. v. Republic Intelligent Transportation Services Inc.
Tex. App. Dist. 8
February 4, 2013