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ALICE LEASING CORP. v. CASTILLO

No. 04-00-00404-CV.

53 S.W.3d 433 (2001)

ALICE LEASING CORPORATION, Appellant, v. Linda CASTILLO, Individually and as Representative of the Estate of Evaristo Castillo, Deceased, and as Next Friend of Evaristo Castillo, Jr., Trinidad Castillo, and Lisa Lee Castillo, Minor Children, and Carolina Castillo, Intervenor, Appellees.

Court of Appeals of Texas, San Antonio.

June 27, 2001.

Attorney(s) appearing for the Case

Chester J. Makowski, Luis A. Garcia, Royston, Rayzor, Vickery & Williams, San Antonio, Ruth A. Silvers, Royston, Rayzor, Vickery & Williams, Houston, Will W. Pierson, Royston, Rayzor, Vickery & Williams, Corpus Christi, for Appellant.

Steve Sumner, Rebecca E. Hamilton, Sumner, Schick & Hamilton, Dallas, Steve T. Hastings, Huerta, Hastings & Allison, Corpus Christi, Wallace W. Canales, Alice, for Appellee.

Sitting TOM RICKHOFF and ALMA L. LÓPEZ, Justices, SARAH B. DUNCAN, Justice, (concurring in the judgment only).

OPINION

ALMA L. LÓPEZ, Justice.

This is an appeal of a judgment entered in a wrongful death and survival action pursuant to a jury verdict. Appellant complains of the failure to submit a jury question on the deceased's status as a borrowed servant and failure to submit a jury instruction on workers' compensation as an exclusive remedy. Appellant also raises issues concerning a release, the legal and factual sufficiency of evidence supporting the jury...

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