BLANKENSHIP v. PIERCE

No. 3-90-073-CV.

799 S.W.2d 514 (1990)

Steve BLANKENSHIP, Waterhole Number 1, Steve Garrett and Delbert Berry, Appellants, v. John PIERCE, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 19, 1990.


Attorney(s) appearing for the Case

Jerri Lynn Ward, Mullen, MacInnes, Redding & Grove, Michael F. Beck, Paul D. Carmona, John F. Morehead, Bankston Wright & Greenhill, Austin, for appellants.

David Deaderick, Brian K. Truncale, Tulk & Deaderick, Austin, for appellee.

Before POWERS, CARROLL and GAMMAGE, JJ.


CARROLL, Justice.

Personal injury plaintiff and three defendants appeal two summary judgments and final judgment for fourth defendant. We will reverse the judgment and remand the cause for a trial on the merits.

BACKGROUND

This is a negligence case involving a keg of beer and a crushed foot. One evening in October 1986, Steve Garrett, John Pierce, and Delbert Berry attended a party in Austin. When the first keg of beer ran dry, a collection was taken...

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