OXY USA, INC. v. COOK

No. 12-02-00027-CV.

127 S.W.3d 16 (2003)

OXY USA, INC., Appellant, v. Danny COOK, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled August 4, 2003.


Attorney(s) appearing for the Case

J. Don Westbrook, Coghlan, Crowson, Fitzpatrick & Westbrook, L.L.P., Longview, for appellant.

Ron Adkison, Wellborn, Houston, Adkison, Mann, Sadler & Hill, L.L.P., Henderson, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J. and RAMEY, JR., Chief Justice retired, Twelfth Court of Appeals, TYLER, sitting by assignment.


OPINION

JAMES T. WORTHEN, Chief Justice.

OXY USA, Inc. ("OXY") appeals from the trial court's judgment, entered after a jury trial, in this suit brought by Appellee Danny Cook for damages to his land. OXY raises four issues asserting that Cook does not have standing to bring suit for surface damages, OXY owes no duty to Cook, Cook's nuisance claim is barred by limitations, and, alternatively, the trial court erred by failing to reduce Cook's award...

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