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IP PETROLEUM CO., INC. v. WEVANCO ENERGY

No. 01-02-00106-CV.

116 S.W.3d 888 (2003)

IP PETROLEUM COMPANY, INC., Appellant, v. WEVANCO ENERGY, L.L.C.; David L. Neal, Individually and as Administrator of the Estate of Frances Neal; Mark Schoomaker; Jane Schoomaker; Bonnie Vaughan; and Martin Phillips, Appellees. Wevanco Energy, L.L.C.; David L. Neal, Individually and as Administrator of the Estate of Frances Neal; Mark Schoomaker; Jane Schoomaker; Bonnie Vaughan; and Martin Phillips, Appellants, v. IP Petroleum Company, Inc., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

September 11, 2003.

Attorney(s) appearing for the Case

Allen D. Cummings, Kent Geoffrey Rutter, Larry Huelbig, Haynes & Boone, L.L.P., Houston, for appellant.

Timothy F. Lee, Don Jackson, Ware, Snow, Fogel, Jackson & Greene, Bill Robins, Robins, Cloud & Lubel, L.L.P., Houston, for appellees.

Panel consists of Chief Justice RADACK and Justices NUCHIA and HANKS.

OPINION ON REHEARING

GEORGE C. HANKS, Jr., Justice.

We withdraw our opinion of May 8, 2003 and issue the following in its stead. The plaintiffs motion for rehearing is denied.

A jury found that IP Petroleum Company, Inc., appellant, was grossly negligent when it breached its contract with Wevanco Energy, L.L.C.; David L. Neal, Individually and as Administrator of the Estate of Frances Neal; Mark Schoomaker; Jane Schoomaker; Bonnie Vaughan; and Martin...

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