Garcia v. Burlington Northern, Inc.

MOORE, Justice.

This is an automobile-train collision case involving an application of the doctrine of discovered peril.

Mrs. Paula Garcia, hereinafter referred to as appellant, filed suit against Burlington Northern, Inc.; Chicago Rock Island and Pacific Railroad Company; Fort Worth and Denver Railway Company; and Emory E. West, engineer, under the Texas Wrongful Death Act and Texas Survivor’s Statutes for personal injury and wrongful death of her husband, Albert A. Garcia, and her son, Richard Garcia. The jury exonerated the railroad companies and the engineer of any act of primary negligence…