Exxon Corporation v. Brecheen

COLEMAN, Chief Justice.

This is an action for damages under the Survival Statute, Article 5525, Vernon’s Annotated Civil Statutes, combined with a suit under the Wrongful Death Act, Article 4671 et seq. A judgment was entered for the plaintiff based on a jury verdict.

On March 10, 1970, William D. Bre-cheen, Jr., driving a tank truck for his employer, Oil Transport Company, arrived at Gate No. 5 of Humble’s Baytown refinery. He had worked as a tank truck driver for many years. He was headquartered in Abilene, Texas. Ordinarily his cargo was gasoline. He had made two previous trips *173to the…