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CLAY v. BMS, INC.

No. 04-99-00076-CV.

61 S.W.3d 489 (2001)

Michael CLAY, Appellant, v. BMS, INC. and Stockdale Butane Gas Company d/b/a Akin Propane, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 12, 2001.

Attorney(s) appearing for the Case

John N. Tyler, Tyler & Peery, San Antonio, for appellant.

Alex M. Miller, Mark R. Stein, Watts & Heard, L.L.P., Edward C. Mainz, Jr., Vaughn E. Waters, Thornton, Summers, Biechlin, Dunham & Brown, L.C., San Antonio, Kellye Hirtriter, Hughes, Watters & Askanase, L.L.P., Houston, for appellees.

Sitting TOM RICKHOFF, ALMA L. LÓPEZ, and PAUL W. GREEN, Justices.

Opinion by PAUL W. GREEN, Justice.

Michael Clay appeals from the trial court's judgment notwithstanding the verdict on his negligence claim against BMS, Inc .(BMS) and Stockdale Butane Company (Stockdale). Clay claims there was evidence to support the verdict and the judgment n.o.v. was improper. We disagree and affirm the trial court's judgment.

Background

Clay was injured on the job when a forty-four hundred pound cylindrical liquified petroleum...

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