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McDONALD v. DANKWORTH

No. 03-04-00715-CV.

212 S.W.3d 336 (2006)

David McDONALD, Appellant, v. Diana DANKWORTH, Appellee.

Court of Appeals of Texas, Austin.

May 5, 2006.

Attorney(s) appearing for the Case

Sean E. Breen, Herman, Howry & cBreen, LLP, Austin, for appellant.

Jennifer A. Powell, Kevin W. Cole, Sheryl N. Cole, Cole & Powell, P.C., Austin, for appellee.

Before Justices B.A. SMITH, PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

While driving, appellee Diana Dankworth rear-ended another motorist, appellant David McDonald. She conceded that her own negligence contributed to the collision, but contended that McDonald was also responsible because he made an "unexpected" or "sudden" stop in front of her. A jury found that both Dankworth and McDonald's negligence proximately caused the occurrence, allocated 50% of the responsibility to each, and...

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