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ROZELLE v. BEN E. KEITH CO.

No. 11-92-113-CV.

864 S.W.2d 812 (1993)

Mike ROZELLE, Appellant, v. BEN E. KEITH COMPANY, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied December 9, 1993.

Attorney(s) appearing for the Case

Michael Kerensky, Denise Purcell, John M. O'Quinn, O'Quinn, Kerensky & McAninch, Houston, Dick Swift, Palestine, David W. Holman, Holman Hogan, Houston, for appellant.

A. Gary Thompson, David W. Kirkman, William L. Latham, McDonald Sanders Corporation, Fort Worth, for appellee.

OPINION

DICKENSON, Justice.

Mike Rozelle injured his back in the spring of 1986 while he was working for Ben E. Keith Company, resetting walk-in coolers at a liquor store. The actual date of the injury was an issue at trial because Ben E. Keith urged a statute-of-limitations defense. The jury found that appellee was negligent and awarded $347,000 as damages to appellant, but the jury also found that the coolers were reset on or before March 19, 1986. The...

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