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MONDRAGON v. AUSTIN

No. 03-96-00287-CV.

954 S.W.2d 191 (1997)

Cirilo MONDRAGON, Appellant, v. Morris AUSTIN, Appellee.

Court of Appeals of Texas, Austin.

October 16, 1997.

Attorney(s) appearing for the Case

Sean E. Breen, Herman & Howry, L.L.P., Austin, for Appellant.

Lonnie Roach, Bemis, Roach & Reed, L.L.P., Austin, for Appellee.

Before CARROLL, C.J., and KIDD and B.A. SMITH, JJ.

ON MOTION FOR REHEARING

CARROLL, Chief Justice.

We withdraw our original opinion and judgment of May 22, 1997, and substitute the following opinion in its place.

INTRODUCTION

This case is about making choices and taking chances. It is also about the consequences of choices made and chances taken.

Appellant Cirilo Mondragon chose to drink to the point of intoxication and then chose to drive his car. He took the chance of injuring...

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