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EXCEL CORP. v. McDONALD

No. 07-04-0468-CV.

223 S.W.3d 506 (2006)

EXCEL CORPORATION, Appellant, v. Shirley McDONALD and Jimmy McDonald Individually and as Beneficiaries of the Estate of Jason McDonald, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled August 24 and September 21, 2006.

Attorney(s) appearing for the Case

S. Tom Morris, Underwood, Wilson, Berry, Stein & Johnson, P.C., Amarillo, for Appellant.

Kevin Glasheen and Robert S. Hogan, The Law Office of Kevin Glasheen, L.L.P., Lubbock, for Appellant.

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

OPINION

JAMES T. CAMPBELL, Justice.

Excel Corporation appeals from a judgment in favor of Shirley McDonald for damages suffered from the death of her son, Jason McDonald. We will reverse the judgment and remand the cause for a new trial.

Jason, age 19, was killed when the all-terrain vehicle he was driving collided with an automobile owned by Excel and driven by one of its employees. The collision occurred at the intersection of two county roads...

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