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MOORE v. KITSMILLER

No. 12-04-00362-CV.

201 S.W.3d 147 (2006)

Morgan MOORE, Appellant, v. David KITSMILLER d/b/a K & K Properties, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled May 19, 2006.

Attorney(s) appearing for the Case

Bill Rosenstein, Tyler, for Appellant.

Michael E. Starr, Starr & Starr, PC, Tyler, Richard L. Ray, Ray & Elliott, PC, Canton, for Appellee.

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

OPINION

JAMES T. WORTHEN, Chief Justice.

Morgan Moore appeals a jury finding that he was 49% negligent in causing his injuries following a fall in the back yard of the house that he leased from David Kitsmiller. In three issues, Moore contends that the trial court erred in entering a modified final judgment, in submitting questions on his negligence to the jury, and in entering a judgment based on the jury's finding that he was contributorily negligent...

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