Blount v. Bordens, Inc.

This is an appeal of a trial court’s take-nothing judgment in a wrongful death case which the court of appeals affirmed. 892 S.W.2d 932. For the reasons stated herein, we reverse and remand the case to the trial court for entry of judgment consistent with this opinion.

Early in the morning on May 24, 1986, a pick-up truck and trailer carrying two racehorses collided head-on with a Borden’s milk delivery truck on Highway 71 in Burnet County. The pick-up burst into flames and its occupants, Mark Martin and James Blount, Jr., were killed. The horses also perished, but the driver of the milk…