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KROBAR DRILLING, L.L.C. v. ORMISTON

No. 01-10-01016-CV.

426 S.W.3d 107 (2012)

KROBAR DRILLING, L.L.C., Appellant v. Fred ORMISTON, Ormiston Family Properties, L.L.C. and Applied Machinery Corporation, Appellees.

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

May 3, 2012.

Attorney(s) appearing for the Case

Farrell A. Hochmuth , Douglas D. D'arche , Baker & Hostetler LLP, Houston, TX, for Appellant.

Dennis M. Dylewski , James Kyle Treadway , Dylewski & Associates, P.C., Houston, TX, Marc J. Wojciechowski , Malcolm Deon Dishongh , Wojciechowski & Associates, P.C., Spring, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices HIGLEY and BROWN.

OPINION

SHERRY RADACK, Chief Justice.

In this appeal, we consider whether a plaintiff who obtains a breach-of-contract judgment against one defendant is prohibited from later bringing tort claims against other defendants for the same damage after it is unable to collect on the breach-of-contract judgment. On the facts presented in this case, we reverse and remand.

BACKGROUND

In an effort to upgrade one of its oil drilling rigs, Krobar Drilling...

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