HORROCKS v. TEXAS DEPT. OF TRANSP.

No. D-3162.

852 S.W.2d 498 (1993)

Jimmy Lynn HORROCKS and Beatriz Horrocks, Petitioners, v. TEXAS DEPARTMENT OF TRANSPORTATION, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 9, 1993.


Attorney(s) appearing for the Case

Robert C. Lyon, Rowlett, for petitioners.

Edward A. Jeffords, Dan Morales, Mark Heidenheimer, Austin, for respondent.


PER CURIAM.

We consider whether an appellate court may properly render judgment on the basis of a no evidence complaint raised solely by a motion for new trial.

Police officer Jimmy Horrocks sustained permanently disabling injuries when his motorcycle struck a truck leaf spring lying on the shoulder of Interstate 20 in Grand Prairie, Texas. Horrocks and his wife Beatriz sued, alleging the State negligently failed to remove or warn of a hazardous roadway condition...

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