No. 09-97-183 CV. Submitted November 19, 1998. Decided February 18, 1999. Appeal from the 217th District Court, Angelina County, David V. Wilson, J. Before BURGESS, STOVER and HILL, JJ. The Honorable John Hill, sitting by assignment pursuant to TEX. GOV'T CODE ANN. § 74.003(b) (Vernon 1988). OPINION JOHN HILL, Justice (Assigned). Mark Franks appeals from a summary judgment that he take nothing in his personal injury action against his employer, Brookshire Brothers, Inc., an action resulting from