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HONDO'S TRUCK STOP CAFE, INC. v. CLEMMONS

No. 13-86-082-CV.

716 S.W.2d 725 (1986)

HONDO'S TRUCK STOP CAFE, INC., Appellant, v. A. Jean CLEMMONS, Appellee.

Court of Appeals of Texas, Corpus Christi.

August 29, 1986.

Attorney(s) appearing for the Case

Tim Tynan, San Antonio, for appellant.

Henry Ridgeway, San Antonio, for appellee.

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

OPINION

NYE, Chief Justice.

The sole issue presented in this appeal is whether exemplary damages should be reduced in proportion to the percentage of negligence attributed to the plaintiff. Based on a jury finding that the plaintiff, A. Jean Clemmons, was 40% negligent, the trial court reduced the actual damages, but not the exemplary damages, by that amount. We agree that the trial court was correct and affirm.

Under the comparative negligence statute...

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