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COMMERCE & INDUS. INS. v. FERGUSON-STEWART

No. 01-10-00271-CV.

339 S.W.3d 744 (2011)

COMMERCE & INDUSTRY INSURANCE COMPANY, Appellant, v. Kimberly FERGUSON-STEWART, Beneficiary to Bruce Stewart, Deceased, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

March 31, 2011.

Attorney(s) appearing for the Case

Dana M. Gannon , Robert D. Stokes , Flahive, Ogden & Latson, Austin, for Appellant.

Kimberly Goodling , Michael P. Doyle , Doyle Raizner LLP, Peter M. Kelly , Law Office of Peter M. Kelly, P.C., Houston, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

JANE BLAND, Justice.

This appeal arises from a worker's compensation case involving an injury to Bruce Stewart, deceased. After trial, the trial court entered judgment on the jury findings supporting the workers' compensation award and also awarded attorneys' fees in favor of Kimberly Ferguson-Stewart, Stewart's beneficiary. On appeal, CIIC challenges the trial court's exclusion of evidence showing Stewart's history of prescription pain medication...

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