PHIPPS v. MILLER

No. 20204.

597 S.W.2d 458 (1980)

Kenneth L. PHIPPS, Appellant, v. Edmond D. MILLER, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 2, 1980.


Attorney(s) appearing for the Case

Thomas L. Cook, Hightower, Alexander & Cook, Dallas, for appellant.

Gerald Powell, Byron L. Falk, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, for appellee.

Before ROBERTSON, CARVER and HUMPHREYS, JJ.


ROBERTSON, Justice.

Appellant, Kenneth L. Phipps, brought this action to recover for personal injuries incurred when the car of appellee, Edmond D. Miller, struck appellant's car from the rear. At a separate trial of appellee's defense of limitations, the court determined that limitations had run on appellant's claim and, consequently, entered judgment for appellee. On appeal, appellant argues that it was error to try the limitations question in a separate trial over...

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