Robertson Tank Lines, Inc. v. Van Cleave

GREENHILL, Justice.

This is a suit by Johnnie Van Cleave, individually and as next friend of her four children, to recover damages suffered when her husband and their father, Acie Van Cleave, was killed by crashing into the rear of a tank truck owned by Robertson Tank Lines which was parked on the edge of a road near the northern city limits of Odessa. The truck had been parked by Alfred Dean Donaghey who was employed by Robertson as its driver.

The suit was instituted against both the driver of the truck, Donaghey, and his employer, Robertson. The case was tried against both defendants in one…