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SCOTT v. WEBB

No. 05-81-00735-CV.

641 S.W.2d 331 (1982)

James Earl SCOTT, Appellant v. William M. WEBB and Joe Dale Simmons, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 24, 1982.

Attorney(s) appearing for the Case

Ruth Rayner, Dallas, for appellant.

Paul Brumley, Brumley & Stanton, DeSoto, Richard Bernays, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, for appellees.

Before AKIN, ALLEN and GUILLOT, JJ.

GUILLOT, Justice.

This is the second appeal of a personal injury case in which the jury found defendant Webb free from any negligence while finding the plaintiff negligent in several respects. James Earl Scott, plaintiff in the trial court, urges in his one point of error that the trial judge erred in failing to consider defendant Simmon's negligence in the retrial of the case. Because the doctrine of res judicata prohibits...

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