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Mcclure v. Rich

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eBook details

  • Title: Mcclure v. Rich
  • Author : Texas Court of Appeals
  • Release Date : January 19, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Angie McClure appeals from a summary judgment granted in favor of Charles and Nancy Rich in this premises liability case. In a single issue, McClure contends the trial court erred in granting summary judgment because the Riches did not establish as a matter of law that she was a licensee or the condition on the premises was not unreasonably dangerous and there were genuine issues of material fact on all the elements of her negligence claim. We conclude that the Riches did not show that McClure was a licensee as a matter of law because evidence that McClures presence on the premises provided an economic benefit to the Riches by assisting in the move into their home raised a fact issue as to McClures status. Further, we conclude that the Riches did not establish as a matter of law that the condition on the premises was not unreasonably dangerous. Last, we conclude that McClure brought forth more than a scintilla of evidence in response to the Riches assertions that she had no evidence to support the additional elements of her negligence claim. Because no ground urged supports summary judgment, we reverse the trial courts judgment and remand this case for further proceedings.


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