CASTILLO v. PRICE CONST., INC.

No. 04-0625.

209 S.W.3d 90 (2005)

Minerva CASTILLO, Individually, and as Next Friend of Stephanie Castillo and Daisy Jovita Castillo, Minors, and as Representative of the Estate of Roberto Castillo, Deceased, Felix Castillo and Hermalinda Castillo, Petitioners, v. PRICE CONSTRUCTION, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied February 24, 2006.


Review Denied.

Justice O'NEILL, dissenting.

Roberto Castillo was killed when his vehicle, heading northbound, collided head-on with Carol Sunderland's southbound vehicle in a construction zone that Price Construction created and controlled, and which the evidence showed was poorly marked. A jury found Price eighty percent responsible for the accident, but a divided court of appeals reversed, holding there was no...

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