Builders Transport, Inc. v. Grice-Smith

OPINION ON REHEARING

In our opinion and judgment dated March 9, 2005, we reversed the judgment of the trial court as to Defendant/Appellant Builders Transport, Inc. but did not disturb the judgment as to Defendant John Alfred Landry, who did not perfect an appeal. Despite Builders Transport’s request that we reverse the judgment in its entirety, we held that such action was unnecessary because Landry could “be designated as a responsible third party under section 33.004 of the Civil Practice and Remedies Code [and][t]he jury [could] then apportion responsibility among Landry, Smith, and…