Continental/Moss-Gordin, Inc. v. Martinez

KLINGEMAN, Justice.

This is a suit by Jesus Martinez, appellee here, against Bain Peanut Company, the operator of a peanut hoist; Willie Troutt, the person who installed the hoist; and Continental/Moss-Gordin, Inc., the company that sold the hoist, for damages sustained to appellee’s truck when it was dropped from a peanut hoist located at Bain Peanut Company in Pearsall, Texas.

The case was tried on a theory of negligence. Trial was to a jury which found that Willie Troutt was acting as an employee of appellant on the occasion in question; and that the failure of Troutt to put stops on both…