Southwestern Bell Tel. Co. v. Thomas, No. B-6081
| Court | Supreme Court of Texas |
| Writing for the Court | DENTON |
| Citation | 554 S.W.2d 672 |
| Docket Number | No. B-6081 |
| Decision Date | 13 July 1977 |
| Parties | SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. John THOMAS et ux., Respondents. |
Page 672
v.
John THOMAS et ux., Respondents.
Rehearing Denied July 27, 1977.
Page 673
Fulbright & Jaworski, Russell H. McMains, Houston, for petitioner.
Riddle, Murphrey, O'Quinn & Cannon, Ernest H. Cannon and John M. O'Quinn, Houston, W. Jack Salyer, Bay City, for respondents.
DENTON, Justice.
The opinion of the Court dated June 8, 1977 is withdrawn, and the following opinion is substituted therefor.
This action for damages was brought by Mr. and Mrs. John Thomas for personal injuries arising out of a rear-end automobile collision in which a truck owned by Southwestern Bell Telephone Company and operated by one of its employees collided with the rear-end of an automobile owned and operated by Mr. Thomas. The trial court entered judgment on the jury verdict for the plaintiffs. The court of civil appeals upheld the trial court judgment. 535 S.W.2d 686. We reverse.
The collision occurred on October 29, 1971, on Interstate 45 between Texas City and Dickinson, Texas, in Galveston County. Interstate 45 is a four-lane divided highway with two lanes for automobiles traveling in a southerly direction, and two in the northerly direction. The roadway was straight and level; there were no curves or hills and nothing obscured the vision of the drivers. The accident occurred in the daytime when weather conditions were clear and the highway was dry. Both cars were traveling in the right-hand lane in a northerly direction about five miles north of Texas City, when the defendant's truck overtook and collided with the rear of the plaintiffs' automobile, propelling the plaintiffs' automobile to the right, off of the highway. The defendant's truck veered and turned to the left into the esplanade. The defendant's driver, John Cliver, Jr. testified that he was traveling approximately 65 miles per hour in a 70 mile per hour zone.
The verdict upon which judgment was rendered consisted solely of answers to special issues on damages resulting from "the occurrence in question." No special issues on primary negligence or proximate cause were submitted by the court.
The defendant complains to this Court of the trial court's refusal to submit tendered special issues on contributory negligence and proximate cause. In affirming the trial court's judgment, the court of civil appeals held defendant's requested issues were not in substantially correct form, and that there was no evidence to support their submission. The issues requested by defendant inquired (1) whether Thomas was driving at a slower rate of speed than a person using ordinary care would have driven,...
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Elbaor v. Smith, No. D-1163
...contributory negligence. Accordingly, the trial court should have submitted it to the jury. See Southwestern Bell Tel. Co. v. Thomas, 554 S.W.2d 672, 674 (Tex.1977) (trial court must submit issues if there is "some evidence" of contributory Dr. Elbaor properly preserved error rega......
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Argee Corp. v. Solis, No. 09-93-121
...to submit an issue supported by the evidence and the pleadings constitutes reversible error. Southwestern Bell Telephone Co. v. Thomas, 554 S.W.2d 672 (Tex.1977). Although this Court may question Solis' ability to show actual damages relating to his fraud claim on the Woodville Project, we ......
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Armellini Exp. Lines of Florida, Inc. v. Ansley, No. 1512
...expectancy table. See Southwestern Bell Tel. Co. v. Thomas, 535 S.W.2d 686 (Tex.Civ.App.-Corpus Christi 1976, rev'd on other grounds, 554 S.W.2d 672 (Tex.Sup.1977). Therefore, after viewing all of the evidence, we find that there was sufficient evidence to support the jury's answer to speci......
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Moore v. Lillebo, No. C-3508
...requested issues, the trial court's refusal to submit them constitutes reversible error. Southwestern Bell Telephone Co. v. Thomas, 554 S.W.2d 672, 674 Page 687 (Tex.1977). We must search the record to determine if there is any evidence to support the loss of society and companionship issue......
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Elbaor v. Smith, No. D-1163
...contributory negligence. Accordingly, the trial court should have submitted it to the jury. See Southwestern Bell Tel. Co. v. Thomas, 554 S.W.2d 672, 674 (Tex.1977) (trial court must submit issues if there is "some evidence" of contributory Dr. Elbaor properly preserved error rega......
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Argee Corp. v. Solis, No. 09-93-121
...to submit an issue supported by the evidence and the pleadings constitutes reversible error. Southwestern Bell Telephone Co. v. Thomas, 554 S.W.2d 672 (Tex.1977). Although this Court may question Solis' ability to show actual damages relating to his fraud claim on the Woodville Project, we ......
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Armellini Exp. Lines of Florida, Inc. v. Ansley, No. 1512
...expectancy table. See Southwestern Bell Tel. Co. v. Thomas, 535 S.W.2d 686 (Tex.Civ.App.-Corpus Christi 1976, rev'd on other grounds, 554 S.W.2d 672 (Tex.Sup.1977). Therefore, after viewing all of the evidence, we find that there was sufficient evidence to support the jury's answer to speci......
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Moore v. Lillebo, No. C-3508
...requested issues, the trial court's refusal to submit them constitutes reversible error. Southwestern Bell Telephone Co. v. Thomas, 554 S.W.2d 672, 674 Page 687 (Tex.1977). We must search the record to determine if there is any evidence to support the loss of society and companionship issue......