Cesar R. Posada v. Osvanis Lozada and Tels, Inc.

Court of Appeals of Texas

Cesar R. Posada v. Osvanis Lozada and Tels, Inc.

DecidedSeptember 1, 2023

Docket08-22-00101-CV

StatusPublished

This text of Cesar R. Posada v. Osvanis Lozada and Tels, Inc. (Cesar R. Posada v. Osvanis Lozada and Tels, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cesar R. Posada v. Osvanis Lozada and Tels, Inc., (Tex. Ct. App. 2023).

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Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

CESAR R. POSADA, § No. 08-22-00101-CV

Appellant, § Appeal from the

v. § County Court at Law Number Three

OSVANIS LOZADA and TELS, INC., § of El Paso County, Texas

Appellees. § (TC# 2018-DCV-4419)

JUDGMENT

The Court has considered this cause on the record and concludes there was error in the

judgment. We reverse the trial court’s summary judgment granted against the negligence claims

brought by Appellant Cesar R. Posada against Appellee Osvanis Lozada, and remand those claims

to the trial court for further proceedings. Additionally, we reverse the trial court’s summary

judgment granted against Appellant’s negligence claims brought against Appellee TELS, Inc., for

vicarious liability based on Appellee Lozada’s negligence, and remand those claims to the trial

court for further proceedings.

We further order that Appellees pay the costs of this appeal. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 1ST DAY OF SEPTEMBER, 2023.

GINA M. PALAFOX, Justice

Before Rodriguez, C.J., Palafox, and Soto, JJ. Soto, J., dissenting

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