NORVELL, Justice.
This lawsuit presents some unusual facts. Ralph L. Grimes was the driver of the Phoenix Refining Company's gasoline tank truck which collided with a vehicle owned by the E. L. Powell and Sons Trucking Company (hereinafter referred to as Powell) at the Burnell Underpass in Bee County, Texas. See, Phoenix Refining Co. v. Powell, Tex.Civ.App.,
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