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GESSELL v. TRAWEEK

No. 9003.

628 S.W.2d 479 (1982)

Elmer T. GESSELL, Appellant, v. Mrs. Vina A. TRAWEEK, as next friend of Robert W. Traweek, a minor, Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied February 2, 1982.

Attorney(s) appearing for the Case

G. Luke Ashley, Thompson & Knight, Dallas, for appellant.

Samuel L. Boyd, McElroy & Boyd, Dallas, for appellee.

BLIEL, Justice.

Only Elmer Gessell appeals from the judgment entered, after a jury trial, against T. W. Larkin for $285,000.00 exemplary damages, and against Larkin and himself for $65,000.00 actual damages resulting from a shooting incident. The pivotal issue before us is whether there is legally sufficient evidence under any theory, to impose vicarious liability on Gessell for Larkin's tortious conduct. We conclude there is not. Therefore, we reverse and render...

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