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HIGHLANDS UNDERWRITERS INSURANCE CO. v. McGRATH

No. 6258.

485 S.W.2d 593 (1972)

HIGHLANDS UNDERWRITERS INSURANCE COMPANY, Appellant, v. Mrs. Carol McGRATH, a Widow, Individually, and as Next Friend for her Minor Daughter, Staci Lynn McGrath, Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied October 18, 1972.

Attorney(s) appearing for the Case

Scarborough, Black, Tarpley & Scarborough, Frank Scarborough, Abilene, for appellant.

Watts & Cunningham, Leland Sutton, Odessa, Aubrey Edwards, Big Lake (Gray, Aaron & Dorsey, San Angelo, of counsel), for appellees.

OPINION

WARD, Justice.

This is a workmen's compensation case which centers on "the third persons' intentional act" exception of Article 8309, Tex. Rev.Civ.Stat.Ann., Section 1. The compensation claimants are the surviving widow and minor daughter of the deceased employee, David McGrath, Jr., who was killed by a shotgun wound on February 1, 1966. From the adverse jury verdict, the carrier has appealed. The judgment of the trial Court is reversed and rendered...

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