Sergio Fraire v. Budget Rent-A-Car of El Paso, Inc.

Procedural entryThis page is a short order in Sergio Fraire v. Budget Rent-A-Car of El Paso, Inc.. Read the opinion of the Court — 2014 Tex. App. LEXIS 3445 →

Court of Appeals of Texas·Decided March 28, 2014·No. 08-12-00280-CV·Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SERGIO FRAIRE, § No. 08-12-00280-CV

Appellant, § On Appeal from the

v. § County Court at Law #3

BUDGET RENT-A-CAR OF EL PASO, § INC., of El Paso County, Texas §

Appellee. (Cause No. 2010-3086)

JUDGMENT

The Court has considered this cause on the record and concludes there was no error in

that part of the granting of summary judgment on the issue of duty to warn or issue safety

instructions. We therefore affirm that part of the judgment. We conclude there was error in that

part of the summary judgment as to the issue of duty to furnish adequate equipment. We

therefore reverse that part of the judgment and remand to the trial court for further proceedings

consistent with this Court’s opinion. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 28TH DAY OF MARCH, 2014.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SERGIO FRAIRE, § No. 08-12-00280-CV

Appellant, § On Appeal from the

v. § County Court at Law #3

BUDGET RENT-A-CAR OF EL PASO, § INC., of El Paso County, Texas §

Appellee. (Cause No. 2010-3086)

JUDGMENT

The Court has considered this cause on the record and concludes there was no error in

that part of the granting of summary judgment on the issue of duty to warn or issue safety

instructions. We therefore affirm that part of the judgment. We conclude there was error in that

part of the summary judgment as to the issue of duty to furnish adequate equipment. We

therefore reverse that part of the judgment and remand to the trial court for further proceedings

consistent with this Court’s opinion. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 28TH DAY OF MARCH, 2014.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.

Sergio Fraire v. Budget Rent-A-Car of El Paso, Inc., (Tex. Ct. App. 2014).

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