Petitioners' Brief on the Merits - Supreme Court of Texas

STATEMENT OF THE CASE
Nature of the case:
Trial Court:
Trial Court’s Disposition:
This is a personal injury lawsuit against
Building Materials Corporation of America.
The Honorable Karen Gren Johnson, 95 th
Judicial District Court, Dallas County
Summary judgment granted based on judicial
estoppel.
Parties in the Court of Appeals: Jason and Bobbie Ferguson, Appellants;
Building Materials Corporation of America,
CPC Logistics, Inc. and Robert James Maddox,
Appellees.
Court of Appeals:
Court of Appeals’ Disposition:
Eighth Court of Appeals; Justice McClure,
joined by Justice Carr, Chief Justice Chew
dissenting. Ferguson v. Building Materials
Corp. of Am., No. 08-07-00051-CV, 2008 WL
2390328 (Tex. App.—El Paso, June 12, 2008,
pet. filed) (Opinion attached, Appendix, Tab 2).
Affirmed
STATEMENT OF JURISDICTION
The Supreme Court has jurisdiction over this case under Government Code
section 22.001(a)(1) because the justices in the court of appeals disagree on a
question of law material to the decision. The Supreme Court also has jurisdiction
over this case under Government Code section 22.001(a)(6) because the court of
appeals committed an error of law of such importance to the State’s jurisprudence
that it should be corrected.
PETITIONERS’ BRIEF ON THE MERITS 2