Cuellar v. Garcia

PHILLIPS, Chief Justice.

This is a wrongful death and survival action for damages brought by appellants for the death of Olga Cuellar. Following a jury trial, a take-nothing judgment was rendered against appellants based upon the jury’s answers to special issues. Appellants have perfected their appeal to this Court.

We reverse the judgment of the trial court and remand the cause for a new trial.

Olga Cuellar, the deceased, was sitting on the front porch of her residence on May 1, 1979, at approximately 8:15 P.M. The residence is located approximately forty feet off the roadway at the end of a…