Albert Lujan D/b/a Texas Wholesale Flower Co. v. Navistar, Inc., Navistar International Corporation, Navistar…

Summary

The Texas Supreme Court affirmed the trial court's use of the sham affidavit rule to strike the plaintiff's affidavit and grant partial summary judgment, holding that the rule is a valid component of Rule 166a and that the trial court did not abuse its discretion. The Court remanded for the appellate court to determine whether any of the plaintiff's remaining claims are unresolved.