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MARATHON CORP. v. PITZNER

No. 01-0870.

106 S.W.3d 724 (2003)

MARATHON CORPORATION d/b/a Honda-Suzuki North, Petitioner, v. John PITZNER, a mentally incompetent person, by and through his next friend and guardian, Steven Pitzner, Respondent.

Supreme Court of Texas.

Rehearing Denied July 3, 2003.

Attorney(s) appearing for the Case

Clay E. Coalson, Meredith Donnell & Abernethy, P.C., Gregory T. Perkes, The Perkes Law Firm, P.C., Corpus Christi, Rodney W. Sipes, Law Offices of Rodney W. Sipes, Edinburg, Philip S. Gordon, Gordon Law Firm, Houston, for Petitioner.

Juan A. Magallanes, Gilberto Hinojosa and Richard Otto Burst, Magallanes & Hinojosa, P.C., Brownsville, for Respondent.

PER CURIAM.

John Pitzner, an air conditioning repairman, sued Marathon Corporation d/b/a Honda-Suzuki North to recover damages for injuries he alleges he sustained when he fell from the roof of the building Marathon occupied as a tenant. The trial court rendered judgment on a jury verdict in Pitzner's favor, and the court of appeals affirmed.1 Because Pitzner failed to produce legally sufficient...

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