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OMEGA CONTRACTING, INC. v. TORRES

No. 2-03-106-CV.

191 S.W.3d 828 (2006)

OMEGA CONTRACTING, INC. and Fabian Cardenas, Appellants, v. Juan TORRES, Appellee. and Juan Torres, Appellant, v. Dowdy-Ferry Sand and Gravel Company, Appellee.

Court of Appeals of Texas, Fort Worth.

April 6, 2006.

Attorney(s) appearing for the Case

Watson, Caraway, Harrington, Nelson, Midkiff & Luningham, LLP, E.L. Caraway and Scott E. Lindsey, Fort Worth, for appellant Omega Contracting, Inc.

Chunn & Pilcher, Lonnie E. Chunn and Stephen R. Pilcher, San Antonio, for appellee Juan Torres.

Fee, Smith, Sharp & Vitullo, LLP, Tom Fee and Rebecca E. Bell, Dallas, for appellee Dowdy-Ferry Sand and Gravel Co.

PANEL A: CAYCE, C.J.; GARDNER and WALKER, JJ.

OPINION ON MOTION FOR REHEARING AND REHEARING AND EN BANC

ANNE GARDNER, Justice.

We withdraw our opinion and judgment of September 29, 2005, and substitute the following. Our ultimate conclusions remain the same. We deny Appellant Juan Torres's motion for en banc rehearing.

I. Introduction

This case presents several issues arising from a wreck involving four tractor-trailer rigs. We affirm in part and reverse in part and remand for new...

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