Barraza V. Eureka Co‪.‬

This is an appeal from a grant of summary judgment in a nonsubscriber negligence suit. Lorenza Barraza sued her employer claiming that she suffered an on-the-job injury, between June and September of 1995, in the course and scope of her employment. Appellee filed a combined motion for traditional and no-evidence summary judgment on September 23, 1998, claiming that Barraza could not produce evidence of a breach of a duty of care or proximate cause. The trial court signed an order granting Eureka's motion for summary judgment on November 9, 1998. Barraza brings two issues before this Court: (1) that the trial court erred in granting Eureka's motion for summary judgment because Barraza presented more than a scintilla of probative evidence that raised a genuine issue of material fact on all elements of Barraza's negligence claim; and (2) that the trial court erred in striking portions of Barraza's summary judgment evidence. Eureka brings a cross-issue that the trial court erred in denying its motion to strike the affidavit of Barraza's expert. We will affirm the judgment of the trial court.