Mieth v. Ranchquest, Inc.

OPINION ON FURTHER REHEARING

SAM NUCHIA, Justice.

We grant appellee’s motion for further rehearing, withdraw our opinion issued May 20, 2004, and issue this opinion in its place.

In October 1997, appellants sued appel-lees to recover damages caused to their surface estate by appellees’ operations at and re-entry of an abandoned oil and gas well. The case was tried to a jury in 2001, and the jury found that Texical Energy Corporation d/b/a Texical, Inc. (Texical) was 100% hable for negligence proximately causing injury to appellants’ property. The jury awarded $200,000 as reasonable costs to…