TRANSIT MIX CONCRETE & MATERIALS COMPANY and Trinity Materials, Inc., and Transit Mix and Materials Company, Appellants
v.
Darletta Rochelle JOHNSON, individually and as Representative of the Estate of Brad F. Johnson, Sr., Deceased, and as next friend of Brad Johnson, Jr., Jerelle Johnson, and Amethyst Johnson, Minors, Appellee.
Court of Appeals of Texas, Eastland.https://leagle.com/images/logo.png
October 12, 2006.
Rehearing Overruled December 6, 2006.
Attorney(s) appearing for the Case
Reagan Simpson, Robin A. Schober, King & Spalding, LLP, Houston, David Fisher, Orgain, Bell & Tucker, L.L.P., Silsbee, Jeff Ray, Ray, Valdez, McChristian & Jeans, El Paso, for appellants.
Brian Sutton, Sutton & Jacobs, L.L.P., Beaumont, for ad litum.
David W. Holman, The Holman Law Firm, P.C., Diana M. Sangalli, Trop Pruner & Hu P.C., Houston, Donald M. Hunt, Mullin Hoard & Brown, L.L.P., Lubbock, Frank Herrera, Jr., Law Offices of Frank Herrera, San Antonio, Jose Luis Garriga, The Garriga Law Firm, P.C., Odessa, Gilbert T. Adams, Cheryl A. Schultz, Law Offices of Gilbert T. Adams, Beaumont, for appellees.
Dwayne J. Hermes, Gina Acosta, Hermes, Sargent, Bates, L.L.P., Dallas, for intervenor.
Panel consists of: WRIGHT, C.J., and McCALL, J., and STRANGE, J.
Court of Appeals of Texas, Eastland.
OPINION
JIM R. WRIGHT, Chief Justice.
In 1999, Brad Johnson Sr. was killed while working at a sand and gravel mine owned and operated by Trinity Materials, Inc. and Transit Mix Concrete & Materials Company.1 Darletta Rochelle Johnson, individually and as representative of the estate of her husband Brad F. Johnson Sr. and as next friend of the three minor children, Brad Johnson Jr., Jerelle Johnson, and Amethyst Johnson, filed...
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