Legal Opinion

Texas Department of Transportation v. Cotner

Texas Court of Appeals, 10th District (Waco)

Decided June 8, 1994No. 10-93-255-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

CUMMINGS, Justice.

This is the second appeal by the Texas Department of Transportation in a suit by Stephen and Cherie Cotner claiming that the State failed to warn of a dangerous condition on an icy bridge.1 A jury found Stephen and the State both negligent and equally responsible for the accident. The jury assessed damages of $5,750,000 for Cherie, $35,000 for Stephen’s past mental anguish and loss of his wife’s society, companionship, household services, and consortium, and “0” for Stephen’s future damages. The trial court rendered judgment for Cherie, awarding her $250,000 as the…

2Cases cited8 opinions

  1. Englander Co. v. KennedyTexas Supreme Court · 1968
  2. State Department of Highways & Public Transportation v. KitchenTexas Supreme Court · 1993
  3. State Department of Highways & Public Transportation v. CotnerTexas Supreme Court · 1993
  4. Med Center Bank v. FleetwoodCourt of Appeals of Texas · 1993
  5. Bullock v. Sage Energy Co.Court of Appeals of Texas · 1987

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3Cited by7 opinions

  1. Sanders v. State, Texas Court of Appeals, 13th District1998
  2. Kirwan v. City of Waco, Texas Court of Appeals, 10th District (Waco)2008
  3. Lakim Mintrell Guild v. State, Texas Court of Appeals, 13th District2013
  4. Rudy Rodriguez and Wife, Patricia Rodriguez v. Kenneth Johnson, Jr. and Wife, Brenda Robin Johnson, Texas Court of Appeals, 10th District (Waco)2006
  5. Super Starr International, LLC, Lance Peterson, Red Starr, SPR De R.L. De C v. and Kemal Mert Gumus v. Fresh Texas Produce, LLC, Individually and Derivatively on Behalf of Tex Starr Distributing, LLC, Texas Court of Appeals, 13th District2019

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