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BRINKER v. EVANS

No. 07-11-0044-CV.

370 S.W.3d 416 (2012)

Anthony BRINKER and Kelly Brinker, Appellants, v. Jimmy EVANS, Individually and d/b/a Jimmy Evans Company, Ltd., Appellee.

Court of Appeals of Texas, Amarillo, Panel D.

Rehearing Overruled June 4, 2012.

Attorney(s) appearing for the Case

Brent A. Devere , Dean A. Schaffer , Attorneys at Law, Austin, TX, for Appellant.

Wade C. Crosnoe , William L. Mennucci , Thompson, Coe, Cousins & Irons, LLP, Austin, TX, for Appellee.

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

Opinion

BRIAN QUINN, Chief Justice.

Anthony Brinker and his wife Kelly (the Brinkers) appeal from a judgment denying them recovery against Jimmy Evans, individually and d/b/a Jimmy Evans Company, Ltd. (collectively referred to as Evans). The former sued the latter to recover damages for injury sustained after an eighteen-wheeler tractor trailer driven by Anthony Brinker fell off a road into a caliche pit. In seeking to reverse that judgment, the Brinkers...

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