Bradley v. Quality Service Tank Lines

Texas Supreme Court

Bradley v. Quality Service Tank Lines

659 S.W.2d 33, 27 Tex. Sup. Ct. J. 52, 1983 Tex. LEXIS 351

CourtTexas Supreme Court

DecidedOctober 26, 1983

DocketC-2404

StatusPublished

Cited by101 cases

This text of 659 S.W.2d 33 (Bradley v. Quality Service Tank Lines) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bradley v. Quality Service Tank Lines, 659 S.W.2d 33, 27 Tex. Sup. Ct. J. 52, 1983 Tex. LEXIS 351 (Tex. 1983).

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Opinion

PER CURIAM.

This is a wrongful death suit brought by the surviving parent of an adult child. Pauline Bradley sought damages resulting from the death of her 25 year old daughter Rebecca Bradley Schaflander. The trial court granted Quality Service Tank Lines [Quality] and Terry L. Sivley [Sivley] a summary judgment based upon the absence of genuine issues of fact concerning Pauline *34 Bradley’s damages. The court of appeals affirmed. 654 S.W.2d 562.

Tex.R.Civ.P. 166-A requires'a defendant who moves for judgment on an essential element of the plaintiff’s case to establish that there exists no genuine issue of material fact on that element. The burden is on the movant to establish that he is entitled to judgment as a matter of law. Glenn v. Prestegord, 456 S.W.2d 901 (Tex.1970). We find that defendants have not met their burden. The court of appeals improperly affirmed the summary judgment based upon the non-movant, Bradley’s, failure to establish a basis for the recovery of actual damages. Quality and Sivley failed to establish their right to judgment as a matter of law.

Therefore, pursuant to TEX.R.CIY.P. 483 we grant writ of error and without hearing oral argument reverse the judgments of the courts below and remand the cause for trial on the merits.

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PER CURIAM.

This is a wrongful death suit brought by the surviving parent of an adult child. Pauline Bradley sought damages resulting from the death of her 25 year old daughter Rebecca Bradley Schaflander. The trial court granted Quality Service Tank Lines [Quality] and Terry L. Sivley [Sivley] a summary judgment based upon the absence of genuine issues of fact concerning Pauline *34 Bradley’s damages. The court of appeals affirmed. 654 S.W.2d 562.

Tex.R.Civ.P. 166-A requires'a defendant who moves for judgment on an essential element of the plaintiff’s case to establish that there exists no genuine issue of material fact on that element. The burden is on the movant to establish that he is entitled to judgment as a matter of law. Glenn v. Prestegord, 456 S.W.2d 901 (Tex.1970). We find that defendants have not met their burden. The court of appeals improperly affirmed the summary judgment based upon the non-movant, Bradley’s, failure to establish a basis for the recovery of actual damages. Quality and Sivley failed to establish their right to judgment as a matter of law.

Therefore, pursuant to TEX.R.CIY.P. 483 we grant writ of error and without hearing oral argument reverse the judgments of the courts below and remand the cause for trial on the merits.

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Bluebook (online)

659 S.W.2d 33, 27 Tex. Sup. Ct. J. 52, 1983 Tex. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-quality-service-tank-lines-tex-1983.

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