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LOPEZ v. SOUTHERN PACIFIC TRANSPORTATION CO.

No. 08-92-00050-CV.

847 S.W.2d 330 (1993)

Andres LOPEZ and Rosa Lopez, Individually and as Father and Mother and for the Estate of Rodolfo Lopez, Deceased, and Gloria Marin, Individually and Mother and Next Friend of Angel Rodolfo Lopez, a minor, Appellants, v. The SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellee.

Court of Appeals of Texas, El Paso.

January 13, 1993.

Attorney(s) appearing for the Case

Lark H. Fogel, Law Offices of James F. Scherr, Sam J. Legate, Law Offices of James F. Scherr, L.L.P., El Paso, for appellants.

David S. Jeans, Kemp, Smith, Duncan & Hammond, El Paso, for appellee.

Before KOEHLER, BARAJAS and LARSEN, JJ.

OPINION

BARAJAS, Justice.

This is an appeal from a wrongful death case. The jury rendered a verdict in favor of Southern Pacific Transportation Company, Appellee, finding Rodolfo Lopez, in whose behalf the suit was brought, to have been ninety percent negligent.

In five points of error, Appellants challenge the judgment of the trial court. In points of error one through four, Appellants contend the trial court erred: (1) by failing to strike two...

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