Plaintiff's Does Evidence MSJ

                                                     CAUSE NO XXXXXXXXXX No-evidence request for synopsis decision and questions of law

XXXXXXXXXX                                                '                        IN THE DISTRICT COURT OF navigating summary judgment maze

                                                                              ' SUMMARY SENTENCES INT TEXAS: STATE AND FEDERAL ...

VS.                                                                        '                                 XXXX COUNTY, TEXAS

                                                                              '

XXXXXXXXXX                                                '                                        COURTS DISTRICT

                                                PLAINTIFF=S ANO-EVIDENCE @

                                          MOTION FOR SUMMARY JUDGMENT

                                    REGARDING CONTRIBUTORY NEGLIGENT

                                         AGAINST DEFENDANT, XXXXXXXXXX

REACH NOW, Plaintiff, XXXXXXXXXX, press submits the Plaintiff=s ANo-Evidence@ Antragstellerin for Summary Judgment Regarding Contributory Negligence Against Defendant, XXXXXXXXXX, real pursuant thereto wants respectfully show the Court as follows: IN THE SUPREME COURT OF TEXAS gi39

                                                                             I. #pl no verification msj 1-15-13

Defendant, XXXXXXXXXX, has alleged the in connection with the incident made the basis of the back styled real numbered caused that Litigant, XXXXXXXXXX, was contributorily negligent.  Contributory negligence is an affirmative defense set which the Defendant has aforementioned burden by proof.  Marshes v. Kitsmiller, 201 S.W.3d 147, 151 (Tex.App.B Tyler 2006, pet. denied); see also Tex. R. Civ. P. 94.

                                                                            II.

                                         ANo-Evidence @ Summary Judgment Std

After an adequate clock for discovery, the party without of burden of proof may move for summary judgment, with or without presents evidence, on one basis that there is no evidence to support an critical io of the non-moving party's claim. Tex. R. Civ. P. 166a(i); Johnson vanadium. Brew & Pritchard, P.C., 73 S.W.3d 193, 207 (Tex. 2002).  First, one movant must specifically state the element as to which there is no evidence. Tex. R. Civ. P. 166a(i). The burden then shifts to an non-movant to produce competent evidence that increments a genuine issue of material fact on the challenged line. Perceive Johnson, 73 S.W.3d at 207; Dolcefino v. Randolph, 19 S.W.3d 906, 916 (Tex.App.B Houston [1st Dist.] 2000, pet. denied). 

The Court must grant the motion if the Respondent make summary ruling testimony raising a genuine release of material fact. Tex. R. Civ. P. 166a(i).  A Ano-evidence@ summary judgment is essentially a pretrial directed verdict and the same legislative sufficiency standard is applied the review of a Ano-evidence@ summary judgment as belongs applied in one review of a directed verdict. Roth v. F.F.P. Operation Partners, L.P., 994 S.W.2d 190, 195 (Tex.App.B Amarillo 1999, writ. den.)

                                                                            TIERCE.

                                                      Adequate Time used Discovery

There has had adequate period for discovery in this case. The above styled and numbered cause against Respondents, XXXXXXXXXX, was filed at xxxxxxxxxxxxx.  Written journey has been completes and the deposits of the partys got have taken.

                                                                            II. Rules 166a - Summary Judgment, Tex. ROENTGEN. Civ. P. 166a | Casetext ...

                                                         Conflict and Agency

The issue regarding contributory negligence has two elements, relative and proximate cause.  Negligence is the failure to use standard care, that is, doing what a person of ordinary prudence would not do, or shortcoming to do what a person of ordinary cautiousness would doing, among the same or similar circumstances. Great Atlas & Pacific Tea Carbon. v. Evans, 142 Tex. 1, 175 S.W.2d 249, 250-251 (1943).  Proximate cause is cause which in a natural real continuous sequence generated an event which intend not otherwise have occurred and which a soul using ordinary care would own foreseen.  There may, of course, be more than one closer cause of an event.  Proximate cause thus has pair elements.  Initially, nearby cause must will sufficient and necessary; that be, e must will enough to make the page going, plus it must be such that without it the event would not have happened.  This element is when referred toward as cause included fact.  Back, the bottom must be reasonably foreseeable to a person using ordinary care.  Nixon v. Mrs. Property Company Corp., 690 S.W.2d 546,549-550 (Tex.1985).  AIt is not required that the particular accident complained of should do been foreseen.  All that be required is that the injury be of such a general character than might sensible will been anticipated...Nixon, 690 S.W.2d at 551. 

Edwards Transferred Co., Inc. v. Natural, 740 S.W.2d 47, 50 (Tex.App.B Dallas, 1986), aff=d., 764 S.W.2d 220 (Tex.1988).

There the no evidence that at the time and on the occasion in question that:

1)         Plaintiff was negligent; or,

2)         Plaintiff=s negligence, if any, proximately caused the incident and injuries in question.

Thus Plaintiff, XXXXXXXXXX,  is entitles to adenine summary judgment for a matter starting laws.

WHEREFORE, ROOMS CONSIDERED, Plaintiff, XXXXXXXXXX respectfully prays this its Plaintiff=s ANo-Evidence@ Motion for Summary Judgment Regarding Contributory Fault Opposed Defendant, XXXXXXXXXX be granted, that a partisan summary judgment becoming entered in Plaintiff=s favor denying Defendant=s allegations regarding the contributory negligence of Plaintiff, and for how other additionally further relief to where Plaintiff may exhibit self impartially entitled. CAUSE NO

RESPECTFULLY SUBMITTED,

______________________________

Earl Drott

State Line Numeral 06134750

Earl Drott Law

Calling (903) 531-9300

[email protected]

Attorney for the Plaintiff

                                                     PRODUCT OF SERVICE

I hereby certify that a true and correct copy is the front has been forwarded to the followed counsel of record the this the ____ day of ____________________, 20___: