CLEMTEX, LTD. v. DUBE

No. 8192.

578 S.W.2d 813 (1979)

CLEMTEX, LTD., et al., Appellants, v. Edmund N. DUBE, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied February 15, 1979.


Attorney(s) appearing for the Case

John A. Berke, Jr., Gerald H. Buttrill, Houston, for appellant.

Tom Letbetter and George Payne, Russell McMains, John W. Berkel, P. Andrew McStay, Houston, for appellee.


DIES, Chief Justice.

Plaintiff below, Edmund N. Dube, sued Richard Lewis, Joseph Lanclos, James D. Scott, and Clemtex, Ltd. for damages occasioned by an automobile accident in which he received personal injuries and his wife was killed.

Dube settled with Lewis and Lanclos for $160,000, agreeing to pay them fifty percent of any damages recovered from Scott and Clemtex, up to $160,000. This agreement was made known to the jury. Clemtex and Scott kept Lewis and...

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