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GASPARD v. COX

No. 6792.

583 S.W.2d 877 (1979)

Margaret GASPARD and Roger V. Montgomery, Jr., Appellants, v. John L. COX, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 18, 1979.

Attorney(s) appearing for the Case

Kronzer, Abraham & Watkins, W. James Kronzer, Houston, Bill McCoy, Odessa, Wayne B. Barfield, Amarillo, Law Offices of Moore & Cunningham, Inc., James D. Cunningham, Odessa, for appellants.

Rassman, Gunter & Boldrick, Emil C. Rassman, John E. Gunter, Midland, for appellee.

McMahon, Cox, Todd, Tidwell & Locke, Jack Q. Tidwell, Odessa, for intervenor, Argonaut Ins. Co.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

The sole question involved in this appeal is the vicarious liability of one who employs an independent contractor for injuries suffered by an employee of the independent contractor where such injuries are caused by the negligence of the independent contractor and his employee. The trial Court, based on a jury verdict, rendered judgment for the employer. We affirm.

This suit is a consolidation of a personal...

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