Tort

2009 Tex. App. LEXIS 268,*;288 S.W.3d 471

MATBON, INC. AND WILLIAM EDGAR HUTTON, Appellants v. DENNIS AND DEBRA GRIES, Appellees

No. 11-06-00258-CV

COURT OF APPEALS OF TEXAS, ELEVENTH DISTRICT, EASTLAND

288 S.W.3d 471; 2009 Tex. App. LEXIS 268

January 15, 2009, Decided

January 15, 2009, Opinion Filed

SUBSEQUENT HISTORY:   Related proceeding at Matbon, Inc. v. Gries, 287 S.W.3d 739, 2009 Tex. App. LEXIS 271 (Tex. App. Eastland, Jan. 15, 2009)
Motion granted by, Dismissed by Matbon, Inc. v. Gries, 2009 Tex. App. LEXIS 2861 (Tex. App. Eastland, Apr. 23, 2009)

PRIOR HISTORY:     [*1]  

On Appeal from the 29th District Court, Palo Pinto County, Texas. Trial Court Cause No. C40959.

COUNSEL:   For appellant: Raul A. Gonzalez, Law Office of Raul A. Gonzalez, Austin, TX; D. Patrick Long, Robert A. Hawkins, Shana L. Burleson, Patton Boggs, L.L.P., Dallas, TX; Kenneth N. Tarlton, Mineral Wells, TX.

For appellee: James V. Jay, Thomas M. Michel, Griffith, Jay & Michel, LLP, Fort Worth, TX; Brandon L. Boehme, Boehme & Moore, LLP, Fort Worth, TX; Randall D. Moore, Fort Worth, TX.

JUDGES:   Panel consists of: Wright, C.J., McCall, J., and Strange, J.

OPINION BY:   TERRY McCALL

OPINION  

This appeal arises from an automobile accident. Dennis and Debra Gries filed suit against Matbon, Inc. and William Edgar Hutton for injuries they received in a collision that occurred on May 11, 2005, on U.S. Highway 281 in Palo Pinto County. Based upon the jury's answers, the trial court entered a judgment awarding appellees damages in excess of three million dollars. Appellants challenge the trial court's judgment in thirteen issues. We affirm in part, modify and affirm in part, reverse and remand in part, and reverse and render in part.

Background Facts

Hutton was employed by Matbon as a truck driver. He and Tarence Ray Willhite, another Matbon truck driver, were driving their trucks north from Dublin to Chico on U.S. Highway 281. Willhite... [continues]

Read full essay