WILLINGHAM v. HAGERTY

No. 8752.

553 S.W.2d 137 (1977)

Leona WILLINGHAM et vir., Appellants, v. Michael Joseph HAGERTY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

April 29, 1977.


Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, J. Orville Smith, Lubbock, for appellants.

Garner, Vickers & Purdom, Robert E. Garner, Lubbock, for appellee.


REYNOLDS, Justice.

Two opposing claimants were equally negligent in causing a collision and the trial court, acting under the Texas Comparative Negligence Act, decreed that they recover from each other one-half of the damages respectively sustained. The failure to strike a balance in favor of the claimant liable for the lesser amount results in an interlocutory order from which an appeal is not authorized. Dismissed.

An agreed statement of facts discloses...

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