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BUILDERS TRANSPORT, INC. v. GRICE-SMITH

No. 10-01-00130-CV.

167 S.W.3d 1 (2005)

BUILDERS TRANSPORT, INC. ("BTI"), Appellant, v. Loretta Yvette GRICE-SMITH, Individually, and as the Representative of the Estate of Roy Cell Smith, Jr., Deceased, et al., Appellees.

Court of Appeals of Texas, Waco.

March 9, 2005.

Attorney(s) appearing for the Case

Stephen G. Tipps, Baker Botts, LLP, Houston, Joseph H. Pedigo, Bellaire, for appellant.

Alton C. Todd, Law Office of Alton C. Todd, Friendswood, Anthony P. Griffin, Anthony P. Griffin, Inc., Galveston, Dale Williams, Williams, Squires & Wren, Waco, Joseph M. Nixon, Phillips & Akers, Houston, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

The surviving relatives of Roy Cell Smith, Jr. (collectively, "Appellees") filed a wrongful death and survival action against Builders Transport, Inc. and its employee John Alfred Landry for damages sustained after a semi owned by Builders Transport and driven by Landry overturned, ejecting Smith who died as a result. A jury found in Appellees' favor and awarded them $4.4 million in damages. Builders Transport

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