NESHYBA v. MAGLIOLO

No. 16660.

538 S.W.2d 142 (1976)

Mary C. NESHYBA et vir., Appellants, v. Evelyn Marie MAGLIOLO, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied June 3, 1976.


Attorney(s) appearing for the Case

Kronzer, Abraham & Watkins, Robert E. Ballard, Michol O'Connor, Houston, for appellants.

Mills, Shirley, McMicken & Eckel, Alton C. Todd, Susan Crowley, Galveston, for appellee.


EVANS, Justice.

This is a negligence action resulting from a two car collision. The accident occurred prior to the enactment of Article 2212a, Tex.Rev.Civ.Stat.Ann., the comparative negligence statute. In response to special issues the jury found both parties to have been negligent and a take nothing judgment was rendered. We reverse and remand.

The accident occurred on January 5, 1972, at about 3:00 p.m. on East Bayou Drive in Dickinson, Texas. East Bayou...

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