Cypress Creek Utility Service Co. v. Muller

SPEARS, Justice.

This is an action for damages suffered in an automobile collision involving two cars and a pile of dirt and debris left in the roadway. The suit was brought by plaintiffs Mike Muller, Mattie Rowden, and John Seyen against Cypress Creek Utility Service Company (“Cypress”), John Carroll, and Cecil Carroll. The question before this court is whether Cypress may elect to apply the “one satisfaction rule” enunciated in Bradshaw v. Baylor University, 126 Tex. 99, 84 S.W.2d 703 (1935), in a comparative negligence suit in which the jury apportioned a percentage of negligence to the…