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GILBREATH v. HATHAWAY

No. 09-02-350 CV.

108 S.W.3d 365 (2003)

Robert Edward GILBREATH and CMC Scaffolding Contractors, Inc., Appellants, v. James H. HATHAWAY, Jr., Appellee.

Court of Appeals of Texas, Beaumont.

Decided April 24, 2003.

Attorney(s) appearing for the Case

James H. Limmer, Gregory A. Holloway, Tekell, Book, Matthews & Limmer, LLP, Houston, for appellants.

Crawford Kirkpatrick, Law Office of Crawford W. Kirkpatrick, Melinda L. Wesner, Wesner and Associates, P.C., Houston, for appellee.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

PER CURIAM.

James H. Hathaway, Jr. sued Robert Edward Gilbreath and CMC Scaffolding Contractors, Inc. ("CMC") for personal injuries sustained in an automobile accident. The trial court entered judgment on a jury verdict for the plaintiff, and the defendants appealed. Two issues are raised by Gilbreath and CMC.

In their first issue, the appellants contend that the trial court erred in refusing their requested issue on unavoidable accident...

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