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KING v. DALLAS FIRE INS. CO.

No. 00-1152.

85 S.W.3d 185 (2002)

Carlyle KING, individually and d/b/a Tiedown Construction Company, Petitioner, v. DALLAS FIRE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Decided August 29, 2002.

Attorney(s) appearing for the Case

Earnest W. Wotring, Micheal Wayne Dobbs, Connelly Baker Wotring & Jackson, Houston, Robert W. Higgason, Law Office of Robert W. Higgason, The Woodlands, Richard Gardner Wilson, David Wayne Hodges, Kennedy Hodges, P.L.L.C., Houston, for Petitioner.

Ronald E. Tigner, Charlotte A. Fields, Preis Kraft & Roy, Cynthia Ann Holub, Greenberg Peden Siegmyer & Oshman, Houston, for Respondent.

Justice ENOCH delivered the opinion of the Court.

Both Dallas Fire Insurance Company and Carlyle King, individually, and doing business as Tiedown Construction Company, have filed motions for rehearing. We deny Dallas Fire's motion, but grant King's motion. We withdraw our opinion and judgment dated May 30, 2002, and substitute the following in its place.

In an underlying lawsuit, Greg Jankowiak sued King for injuries he received when one of King's employees...

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