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TEXAS BRINE CORP. v. LOFTON

No. C14-83-480-CV.

699 S.W.2d 391 (1985)

TEXAS BRINE CORPORATION, et al., Appellants, v. Andrew K. LOFTON, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied November 14, 1985.

Attorney(s) appearing for the Case

David V. Jones, Houston, for appellants.

Gene Hagood of Brown, Todd, Hagood & Davenport, Alvin, for appellee.

Before JUNELL, MURPHY and SEARS, JJ.

OPINION ON APPELLEE'S SECOND MOTION FOR REHEARING

SEARS, Justice.

Appellee's second Motion for Rehearing is denied by the panel, however I feel a response is appropriate.

Appellee, in his second Motion for Rehearing, fails to recognize that "excessive speed," "negligence" and "proximate cause" are not interchangeable words of art. He further fails to acknowledge the critical "time to avoid" aspect of the Biggers case,1

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