Legal Opinion · Dissent

In Re Minter Elec. Co., Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided February 2, 2009No. 05-08-01475-CVPublished

1Dissent

DISSENTING OPINION

Dissenting Opinion by

Justice FITZGERALD.

The majority concludes relator Minter Electric Company, Inc. has not shown its entitlement to mandamus relief. I respectfully disagree and would grant the petition. Accordingly, I dissent.

As the majority states, the lawsuit below involves a vehicle collision that occurred on December 13, 2004. The petition alleges Jesus Guevara was driving a pick-up truck belonging to his employer, Minter, when he ran into the back of the vehicle being driven by plaintiffs’ decedent, Irvin Matthew Taylor. Because I believe the time line is critical to…

2Cases cited14 opinions

  1. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  2. Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991
  3. M.O. Dental Lab v. RapeTexas Supreme Court · 2004
  4. In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
  5. Youngstown Sheet & Tube Co. v. PennTexas Supreme Court · 1962

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