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TEXAS ELEC. CO-OP. v. DILLARD

No. 12-01-00258-CV.

171 S.W.3d 201 (2005)

TEXAS ELECTRIC COOPERATIVE and Stephen Paul Bumstead, Appellants, v. Mary R. DILLARD, Individually and as Community Survivor of the Estate of Kenneth Lewis Dillard, Deceased, and Mary R. Dillard, a/n/f for Kimberly Dillard, A Minor, Appellees.

Court of Appeals of Texas, Tyler.

July 20, 2005.

Attorney(s) appearing for the Case

D. Bradley Dickinson, Michael V. Winchester, Michael V. Winchester & Associates, P.C., Plano, for Appellants.

Glenn A. Sodd, R. Matt Dawson, Dawson & Sodd, P.C., Corsicana, for Appellees.

Panel consisted of WORTHEN, C.J., GRIFFITH, J. and DeVASTO, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

Texas Electric Cooperative ("TEC") and Stephen Bumstead appeal a judgment for damages awarded to Mary Dillard following a jury trial. TEC and Bumstead raise three issues on appeal. We affirm.

BACKGROUND

On May 27, 1996, Bumstead was driving a TEC tractor-trailer rig loaded with utility poles from Jasper, Texas to Muenster, Texas. At approximately 10:00 p.m., while traveling westbound...

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