MARATHON CORP. v. PITZNER EX REL. PITZNER

No. 13-98-098-CV.

55 S.W.3d 114 (2001)

MARATHON CORPORATION d/b/a Honda-Suzuki North, Appellant, v. John PITZNER, a Mentally Incompetent Person By and Through His Next Friend and Guardian, Steven PITZNER, Appellee.

Court of Appeals of Texas, Corpus Christi.

August 2, 2001.


Attorney(s) appearing for the Case

Gregory T. Perkes, Meredith, Donnell & Abernethy, Corpus Christi, James P. Baker, Division Claim Attorney, Universal Underwriters Group, Overland Park, KA, Philip S. Gordon, Houston, Attorneys for Appellant.

Gilberto Hinojosa, J.A. Magallanes, Magallanes, Hinojosa & Mancias, Brownsville, Attorneys for Appellee.

Before Justices HINOJOSA, YANEZ, and RODRIGUEZ.


OPINION

HINOJOSA, Justice.

John C. Pitzner ("Pitzner"), a Dallas County resident, was working for Professional Employers Group, Inc. ("PEG"), a Texas corporation that supplied temporary employees, when he was sent out on an air conditioner repair job on Monday, July 18, 1994, for Environmental Comfort Systems, Inc. d/b/a Country Refrigeration ("ECSI"), a Texas corporation owned by Robert S. "Country" Hull ("Hull...

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