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SCURLOCK OIL CO. v. SMITHWICK

No. 13-88-493-CV.

787 S.W.2d 560 (1990)

SCURLOCK OIL COMPANY and Ernest Joe Lewis, Appellants, v. Maria C. SMITHWICK Individually, et al., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Dismissed April 19, 1990.

Attorney(s) appearing for the Case

B. Mills Latham, Law Offices of B. Mills Latham, Corpus Christi, W. James Kronzer, Houston, A.E. Pletcher, White, Huseman, Pletcher & Powers, Corpus Christi, James A. Smith, Port Lavaca, Lev Hunt, Hunt, Hermansen, McKibben & Barger, Corpus Christi, Jack Tucker, Jr., Weitinger & Tucker, Houston, Kevin D. Cullen, Cullen, Carsner & Cullen, Victoria, for appellants.

William A. Dudley, David Perry & Associates, Corpus Christi, Rodney Steinburg, Steinburg & Bryant, Houston, William R. Edwards, Edwards & Perry, Corpus Christi, for appellees.

Before DORSEY, UTTER and SEERDEN, JJ.

OPINION

DORSEY, Justice.

On December 9, 1982, at approximately 9:30 p.m., Joe Ernest Lewis was driving an eighteen-wheel tractor trailer for Scurlock Oil Company down a farm to market road when he left the road and collided with a Suburban, killing two of the Suburban's passengers, George Smithwick and Clay Dove. The Suburban was owned and operated by Ronnie Wayne Bounds, d/b/a Victoria Carrier Service; Missouri Pacific Railroad (MoPac) had hired Bounds...

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