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CARNEY v. ROBERTS INV. CO., INC.

No. 12-90-00190-CV.

837 S.W.2d 206 (1992)

Robbie Iwana CARNEY, Appellant, v. ROBERTS INVESTMENT COMPANY, INC. d/b/a First Choice Food Distributors, Inc., and Phillip Alan Gilbreath, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Denied September 3, 1992.

Attorney(s) appearing for the Case

Robert A. Ray, Tyler, for appellant.

Tracy Crawford, William Cornelius, Tyler, for appellees.

BISSETT, Justice.1

This is an appeal by Robbie Iwana Carney ("Mrs. Carney") plaintiff in the trial court, from a judgment rendered in a wrongful death action. We reverse and remand.

Burton Carney, husband of Mrs. Carney, was killed while riding on his farm tractor. He was struck from the rear.by a tractortrailer owned by Roberts Investment Company, Inc., d/b/a First Choice Food Distributors, Inc., ("Roberts Investment Company"...

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