Sutton v. State Highway Department of Texas

HALL, Justice.

On May 4, 1970, Michael Dwayne Sutton was driving his automobile on Highway 67 in Ellis County at a point approximately five miles south of the City of Midlothian when a heavy pipe loader fell from a truck and either struck his car or caused him to veer into a bridge abutment. He died five days later of injuries received in the accident. Nora Gail Sutton, the decedent’s widow, brought this suit originally against Curtis Nolan Julian (the driver of the truck), Wales Transportation, Inc., and Gif-ford-Hill & Company, Inc., as a wrongful death and survival action under the…