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  5. 772 S.W.2d 226 (1989)
 

KIRBY FOREST INDUSTRIES, INC. v. KIRKLAND

No. A14-87-00835-CV.

772 S.W.2d 226 (1989)

KIRBY FOREST INDUSTRIES, INC., Appellant, v. Jackie Glynn KIRKLAND, Appellee.

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

Rehearing Denied June 22, 1989.

Attorney(s) appearing for the Case

Mitchell A. Toups, Beaumont, Houston, for appellant.

Dana G. Kirk, Don M. Kennedy, Houston, for appellee.

Before the Court en banc.

OPINION

J. CURTISS BROWN, Chief Justice.

This is an appeal from a judgment awarding damages in a personal injury suit. Appellee Jackie Kirkland was cutting timber on land belonging to appellant Kirby Forest Industries, Inc. when he was struck by a falling tree and rendered a paraplegic. Kirby had contracted with K & E Wood Company to cut the wood, and K & E, in turn, had employed Kirkland as a woodcutter. Kirkland sued Kirby and was awarded damages...

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