Baker v. Energy Transfer Co

In Baker v. Energy Transfer Co., No. 10-09-00214-CV (Tex. App.--Waco 2011, pet. denied) (mem. op.), the Waco Court of Appeals affirmed the trial court's granting of summary judgment as to the plaintiff's trespass cause of action grounded on the encroachment of hydrogen sulfide from the defendant's natural gas treating plant, not based on the absence of a cause of action, but instead based on the plaintiff's failure to offer sufficient summary judgment evidence in the form of expert testimony that the alleged chemical particulates actually entered onto the plaintiff's property.