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HORTON v. DENNY'S INC.

No. 12-02-00271-CV.

128 S.W.3d 256 (2003)

Troy HORTON and Carolyn Horton, Appellants, v. DENNY'S INC., Appellee.

Court of Appeals of Texas, Tyler.

August 29, 2003.

Attorney(s) appearing for the Case

Todd A. Smith, Bedford, for appellant.

Robert J. Davis, Matthews Carlton Stein Shiels Pearce Dunn & Knott, Dallas, for appellee.

Panel consisted of GRIFFITH, J., DEVASTO, J., and BILL BASS, Retired Justice, Twelfth Court of Appeals, TYLER, sitting by assignment.

OPINION

BILL BASS, Justice.

Appellants Troy and Carolyn Horton sued Appellee Denny's Inc. for damages resulting when Troy Horton slipped and fell on ice in front of Denny's Restaurant in North Richland Hills. The jury found in favor of the Hortons, but awarded only $1,000.00 in past damages. In two issues, the Hortons challenge the jury's damage finding and the trial court's failure to grant a new trial. We reverse and remand.

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