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Salazar v. Ramos

In this suit following a car accident, the defendants obtained a hybrid no-evidence and traditional summary judgment. A trial court renders summary judgment based, in part, on the pleadings that are on file at the time of the hearing. Where a liberal reading of appellants' live petition shows that appellants neither nominally nor substantively pleaded joint-enterprise liability in their live petition, the appellees were not required to challenge the theory in seeking summary judgment. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-10-00206-CV, 02-08-2012.

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OPINION

After Santos Martinez Salazar suffered injuries in a motor-vehicle accident, Salazar and his wife, Maria G. Martinez, Appellants, filed suit against Lesvia Azucena Ramos, Maverick County Insurance Agency, Inc. (Maverick Insurance), Elizondo Trucking, Eusebio Elizondo (Elizondo), Selicita Elizondo, and Cross-Plaintiff Roberto Perez Medina alleging negligence, gross negligence, and fraud, and seeking to establish liability under the alter ego, single-business enterprise, and branded-vehicle doctrines. Ramos and Maverick Insurance, Appellees, sought and obtained a hybrid no-evidence and traditional summary judgment. Appellants filed this appeal alleging trial court error. We affirm.

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