Texas Supreme Court

Jimmie F. Anderson, Petitioner v. Walter D. Snider, Respondent

May 30, 1991808 S.W.2d 54

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that the attorney’s affidavit, which consisted solely of legal conclusions, was conclusory and therefore incompetent to support summary judgment under Rule 166a(c). The Court emphasized that expert testimony must contain a factual basis and cannot be merely a sworn denial of the plaintiff’s claims.