MERCHANTS FAST MOTOR LINES v. STATE

No. 10-95-224-CV.

917 S.W.2d 518 (1996)

MERCHANTS FAST MOTOR LINES, INC., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled April 3, 1996.


Attorney(s) appearing for the Case

Arlen D. Bynum, Dallas, for Appellant.

Dan Morales, Attorney General of Texas, Jorge Vega, First Assistant Attorney General, Laquita A. Hamilton, Deputy Attorney General for Litigation, David A. Talbot, Jr., Asst. Attorney General, Chief, Transportation Division, Phillip F. Arrien, II, Asst. Attorney General, Transportation Division, for appellee.

Before CUMMINGS and VANCE, JJ.


OPINION

VANCE, Justice.

This case involves a one-vehicle, one-fatality accident. The State of Texas ("State") sued the deceased driver's employer, Merchants Fast Motor Lines, Inc. ("Merchants"), for negligent damage to state-owed property, i.e., guardrails and a "full-span sign bridge." The court instructed the jury on the doctrine of res ipsa loquitur. The jury found the driver was negligent and awarded the State damages and attorney's fees...

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