Wortham V. Dow Chemical Co.
Texas Fourteenth District Court of Appeals
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In this asbestos-related personal injury case, appellants, Carold J. Wortham, individually and as Administratix of the Estate of Hugh Wortham, and her two children, Robin Johnson and Lance Wortham, challenge the trial court's orders granting summary judgment in favor of appellee, Dow Chemical Company ("Dow"). In summary, appellants argue the trial court erred in granting summary judgment for the following reasons: (1) the trial court granted a no-evidence summary judgment based on Dow's affirmative defenses, which are not a proper basis for summary judgment; (2) there is an alleged defect in Dow's notice of hearing as to its second motion for summary judgment; (3) the trial court improperly granted summary judgment based on grounds not raised by Dow; and (4) Dow's no-evidence motion for summary judgment does not satisfy the requirements of Rule 166a(i). Finding no merit in the alleged errors asserted by appellants, we affirm the trial court's judgment.
- Category: Law
- Published: 27 October 2005
- Publisher: LawApp Publishers
- Print Length: 28 Pages
- Language: English