SCURLOCK OIL CO. v. SMITHWICK

No. 13-84-332-CV.

701 S.W.2d 4 (1985)

SCURLOCK OIL COMPANY and Missouri Pacific Railroad Company, Appellants, v. Maria C. SMITHWICK, Individually, et al., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied November 7, 1985.


Attorney(s) appearing for the Case

A.E. Pletcher, White, Huseman, Pletcher & Powers, Corpus Christi, James W. Kronzer, Houston, James A. Smith, Port Lavaca, Jack W. Tucker, Jr., Weitinger, Steelhammer & Tucker, Houston, Lev Hunt, Hunt, Hermansen, McKibben & Barger, Corpus Christi, for appellants.

Russell McMains, Edwards, McMains & Constant, Corpus Christi, William Seerden, Cullen, Carsner & Seerden, Emmet Cole, Jr., Cole, McManus, Cole & Easley, Victoria, for appellees.

Before NYE, C.J., and BENAVIDES and SEERDEN, JJ.


OPINION

BENAVIDES, Justice.

This wrongful death action arose from a motor vehicle collision. Appellees are the deceased's surviving spouse, children, and parents. The petition named as defendants appellant Scurlock Oil Company and its employee Ernest Joe Lewis, Victoria Carrier Service (Carrier) and its employee Ronnie Wayne Bounds, and appellant Missouri Pacific Railroad Company (MoPac). Appellees alleged that the collision occurred on December 9, 1982...

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