MATTHEWS TRUCKING CO., v. SMITH

No. C-2870.

682 S.W.2d 237 (1984)

MATTHEWS TRUCKING COMPANY, INC., d/b/a Louisiana-Matthews Trucking Company, Inc., et al., Petitioners, v. Norris E. SMITH, Respondent.

Supreme Court of Texas.

Rehearing Denied January 16, 1985.


Attorney(s) appearing for the Case

Kain, Reedy and Hornbuckle, John O. Kain, Houston, for petitioners.

Ford, Needham and Johnson, Thomas R. Needham, Dallas, Atchley, Russell, Waldrop and Hlavinka, C. Cary Patterson, Texarkana, for respondent.


McGEE, Justice.

The crux of this personal injury case is whether the correct defendant was named. There are two entities with similar names. Matthews-Lufkin, Inc., d/b/a Matthews Trucking Company is the correct defendant. Matthews Trucking Company, Inc., d/b/a Louisiana-Matthews Trucking Company, Inc., was the entity named as defendant in plaintiff's petition.

The trial court granted a motion for summary judgment in favor of Matthews-Lufkin, Inc., d/b/a Matthews...

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