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McDANIEL v. YARBROUGH

No. 94-0098.

898 S.W.2d 251 (1995)

B.J. McDANIEL, Jr. and Pamela Chamrod McDaniel, Petitioners, v. Tom YARBROUGH, Respondent.

Supreme Court of Texas.

Decided March 2, 1995.

Rehearing Overruled June 15, 1995.

Attorney(s) appearing for the Case

Edmund L. Cogburn, George A. Rustay, P. Randall Crump, Houston, for petitioners.

Kathleen Hopkins Alsina, Vance J. Christopher, Houston, for respondent.

GAMMAGE, Justice, delivered the opinion of the Court, in which HIGHTOWER, CORNYN, SPECTOR and OWEN, Justices, join.

The primary question this case presents is whether the trial court abused its discretion by dismissing a juror as "disabled from sitting" when she asserted she was unable to return to the courthouse because of inclement weather. The court of appeals affirmed the trial court judgment, holding there was no abuse of discretion in determining that the juror...

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