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BURK ROYALTY CO. v. WALLS

No. B-9439.

616 S.W.2d 911 (1981)

BURK ROYALTY COMPANY et al., Petitioners, v. Sally K. WALLS, Individually and a/n/f and Natural Guardian of Jeffery Paul Walls, Jr., Respondent.

Supreme Court of Texas.

Rehearing Denied June 30, 1981.

Attorney(s) appearing for the Case

Groce, Locke & Hebdon, Thomas H. Crofts, Jr., San Antonio, Stan Carter, Wichita Falls, for petitioners.

J. Michael Smith, Gilmer, Clifton L. Holmes, Kilgore, for respondent.

SPEARS, Justice.

This suit for exemplary damages was brought by respondent Sally Walls, individually and as next friend and guardian of Jeffery Paul Walls, Jr., her minor son, against the employer of her deceased husband, Jeffery Paul Walls. Mrs. Walls alleged that both the employer, Burk Royalty Company, through its district superintendent, Kenneth Swetnam, and Swetnam, individually, were grossly negligent. Having already received workers' compensation benefits,...

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