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CASTRO v. SEBESTA

No. 01-90-00019-CV.

808 S.W.2d 189 (1991)

Donato CASTRO, Appellant, v. Marcus Glen SEBESTA, Jr., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

March 28, 1991.

Attorney(s) appearing for the Case

Armando Lopez and Mary L. Sinderson, Houston, for appellant.

J. Don Jackson and Scott A. Hooper, Houston, for appellee.

Before O'CONNOR and HUGHES, JJ.

OPINION ON MOTION FOR REHEARING

O'CONNOR, Justice.

The question presented by this appeal is whether defendant's stipulation of gross negligence is grounds to exclude evidence of gross negligence. Donate Castro, plaintiff, appeals from a jury verdict that awarded him only actual damages and no punitive damages. Plaintiff contends the trial court improperly excluded evidence of defendant's gross negligence. Appellee has filed motions for rehearing, to withdraw...

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