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TXI TRANSP. CO. v. HUGHES

No. 2-04-242-CV.

224 S.W.3d 870 (2007)

TXI TRANSPORTATION COMPANY, Ricardo Reyna Rodriguez, Aurelio Melendez, Appellants, v. Randy HUGHES, Individually and as Personal Representative for the Estate of Shiloh Hughes; Clint Royse, Individually As Personal Representative for the Estate of Afton Hughes Royse and as Next Friend of Jagr Royse; Willie Watkins, Individually and as Personal Representative for the Estate of Joyce Watkins and as Personal Representative for the Estate of Kimberly Watkins Hughes; Shirley Richey; Carolyn Largent; Betty Gentry; and Johnny Watkins, Appellees.

Court of Appeals of Texas, Fort Worth.

May 24, 2007.

Attorney(s) appearing for the Case

Reagan W. Simpson, H. Victor Thomas, Amy C. Eikel, King & Spalding L.L.P., Charles W. Hurd, Fulbright & Jaworski L.L.P., Houston, Mark E. Stradley, Stradley & Wright, Michael C. Steindorf, Ben Taylor, Fulbright & Jaworski L.L.P., Christopher N. Forbis, Sewell & Forbis, Decatur, for Appellants.

Dee J. Kelly, Jr., Brian S. Stagner, Caj D. Boatright, Kelly, Hart & Hallman, P.C., Michael A. Simpson, Derrick Boyd, G. Alan Powers, Simpson, Boyd & Powers, P.L.L.C., Bridgeport, Fort Worth, for Appellees.

Panel B: LIVINGSTON, GARDNER and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

This is a wrongful death and survival action stemming from a collision on Highway 114 between a westbound Yukon driven by Kim Hughes and an eastbound gravel truck driven by Ricardo Rodriguez. The gravel truck was owned by Aurelio Melendez and leased to TXI Transportation Company. The passengers in the Yukon were Joyce Watkins (Kim's mother), Afton Hughes Royse...

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