X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Ronnie Faust appeals from a summary judgment rendered against him in his personal injury suit. Faust, an employee of Southwestern Gas Pipeline, was seriously injured when he drove his employer’s truck into a gate at Southwestern Gas’s Lyons yard. The gate was an oil field gate constructed for Southwestern Gas Pipeline by Abe Mattox, an employee of Pumpco. The question is whether Mattox, in constructing the gate, was acting as an employee of Pumpco, thus making Pumpco potentially liable, or was a borrowed servant of Southwestern Gas.

Pumpco filed a traditional motion for summary judgment under Tex. R. Civ. P. 166a(c). To be entitled to summary judgment, a movant must establish that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671 (Tex. 1979); Baubles & Beads v. Louis Vuitton, S.A., 766 S.W.2d 377, 379 (Tex. App.-Texarkana 1989, no writ). Summary judgment for a defendant is proper when the defendant negates at least one element of each of the plaintiff’s theories of recovery or pleads and conclusively establishes each element of an affirmative defense. Sci. Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex. 1997); Wornick Co. v. Casas, 856 S.W.2d 732, 733 (Tex. 1993). Once the movant establishes that it is entitled to summary judgment, the burden shifts to the non-movant to show why summary judgment should not be granted. Casso v. Brand, 776 S.W.2d 551, 556 (Tex. 1989). Because the movant bears the burden of proof, all conflicts in the evidence are disregarded, evidence favorable to the non-movant is taken as true, and all doubts as to the genuine issue of material fact are resolved in the non-movant’s favor. Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548-49 (Tex. 1985).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Consulting Rising Stars of the Profession 2024

April 11, 2024
Chicago, IL

Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.


Learn More

Associate Attorney


Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...


Apply Now ›

(EXCLUSIVE) ASSOCIATE WANTED FOR MID-SIZED FIRM RARE OPPORTUNITY TO SUPPORT PARTNER WITH BOTH LITGATION AND TRANSACTIONAL MATTERS (Atlanta, GA)


Our client, a mid-sized Atlanta based litigation firm, is seeking to add an associate to their expanding ranks. Ideal candidates will have 2...


Apply Now ›

Policy Associate


Who we are:ACT | The App Association represents small business application developers and connected device companies across the United State...


Apply Now ›

Danaher Lagnese, PC

02/22/2024
Connecticut Law Tribune

Professional Announcement


View Announcement ›

Blume Forte Fried Zerres & Molinari

02/19/2024
New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel


View Announcement ›

BENCHMARK RESOLUTION SERVICES, LLC

01/29/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›