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LIMESTONE PRODUCTS DISTRIBUTION v. MCNAMARA

No. 01-0142.

71 S.W.3d 308 (2002)

LIMESTONE PRODUCTS DISTRIBUTION, INC., Petitioner, v. Hershel Helen McNAMARA, individually and as next friend of A. M., a minor, and as independent executrix of The Estate of Paul Tom McNamara, and K. M., Respondents.

Supreme Court of Texas.

Rehearing Overruled April 25, 2002.

Attorney(s) appearing for the Case

Jerry P. Campbell, Waco, Keith C. Cameron, Austin, Naman Howell Smith & Lee, for Petitioner.

John Phillip Palmer, Waco, for Petitioner.

J. Robert Sheehy, Law Office of J. Robert Sheehy, Sr., Waco, for Respondent.

PER CURIAM.

Coy Mathis's car collided with Tom McNamara's motorcycle, causing McNamara fatal injuries. Here, the issue is whether, when the accident occurred, Mathis worked as Limestone Products Distribution, Inc.'s independent contractor, or, if Mathis was Limestone's employee, whether he was acting in the course and scope of his employment. McNamara's survivors sued Mathis and Limestone alleging that Mathis's negligence caused McNamara's death. Limestone moved for...

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