SHERARD v. SMITH

No. 13-88-058-CV.

778 S.W.2d 546 (1989)

Barbara SHERARD, Individually and as Representative of Mark A. Henson, Deceased, Appellant, v. Carl SMITH, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied October 19, 1989.


Attorney(s) appearing for the Case

Stephen Burkett, Burkett & Associates, Inc., Corpus Christi, for appellant.

Frank E. Weathered, Law Office of David J. Dunn, Corpus Christi, for appellee.

Before SEERDEN, UTTER and KENNEDY, JJ.


OPINION

SEERDEN, Justice.

Appellant brought suit for wrongful death based on a motor vehicle collision which occurred on July 2, 1984. Appellee had hired Rene Hinojosa to haul grain from his farm to the elevator. Hinojosa's truck was loaded with 14 or 15 tons of grain when he stopped it on South Padre Island Drive to retrieve a shovel that had fallen from the truck. Appellant's son drove his vehicle into the rear of the truck and was killed.

Appellant...

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