Radio Station Kscs v. Steve Jennings

This case concerns the competency of certain summary judgment evidence. Radio Station KSCS, located in Fort Worth, as part of a promotional scheme, "guaranteed" to play three songs in a row without commercial interruption. The station announced that it would play "at least three-in-a-row, or we pay you $25,000. No bull, more music on SCS." Steve Jennings, a station listener, claimed the station had interrupted the three songs with a commercial. He sued for the $25,000 guarantee. The trial court granted KSCS a summary judgment. After appeal, the case was remanded to the trial court, which again granted KSCS a summary judgment. The court of appeals once again reversed, holding that a fact issue existed. 745 S.W.2d 97. We reverse the judgment of the court of appeals and render judgment for KSCS.