Bernis Hickman v. PKD, Incorporated, D/B/A Total Systems Contracting, Inc.

• Court: Court of Appeals of Texas
• Decided: June 14, 2007
• Docket: 14-06-00117-CV
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed June 14, 2007

Affirmed and Memorandum Opinion filed June 14, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00117-CV

BERNIS HICKMAN, Appellant

V.

PKD, INCORPORATED D/B/A TOTAL SYSTEMS CONTRACTING, INC., Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Cause No. 01-50712A

M E M O R A N D U M    O P I N I O N

Appellant Bernis Hickman was exiting a freight elevator when the elevator gate allegedly struck him on the head.  He sued the elevator maintenance and repair company, appellee PKD, Inc. d/b/a Total Systems Contracting, Inc., for negligence.  In a single issue on appeal, Hickman argues that the trial court erred in granting PKD=s motion for summary judgment; however, he did not ask the clerk of the trial court to include the motion in the record on appeal.

As the appellant, Hickman bears the burden to present a record sufficient to show reversible error.  See Tex. R. App. P. 33.1(a), 34.5(b); Enter. Leasing Co. of Houston v. Barrios, 156 S.W.3d 547, 549 (Tex. 2004).  Absent a complete record of the relevant material considered by the trial court, we must assume that the omitted documents support the trial court=s judgment.  See Barrios, 156 S.W.3d at 549B50; DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 689 (Tex. 1990).  Accordingly, we presume that PKD=s summary judgment motion and evidence support the trial court=s judgment, and we overrule Hickman=s sole issue.  Because the record offers no basis on which to reverse, we affirm the trial court=s judgment.

/s/      Eva M. Guzman

Justice

Judgment rendered and Memorandum Opinion filed June 14, 2007.

Panel consists of Justices Frost, Seymore, and Guzman.