Leroy Moore, Sr. And Wife Josephine Moore v. Southwestern Electric Power Company, Defendant-Third-Party v. Valmac Industries, Inc., Third-Party

JERRE S. WILLIAMS, Circuit Judge:

In this Texas diversity action, Josephine and Leroy Moore, Sr. sought damages from Southwestern Power Company (SWEPCO) for personal injuries arising out of the death of plaintiffs’ son, Leroy Moore, Jr. Moore was fatally injured when he touched a live haul truck that had become electrically charged from contact with an electric power line owned by SWEPCO. On submission by special interrogatories, the jury found SWEPCO 40% negligent.

The district court denied SWEPCO’s motion for judgment non obstante veredicto. *497Concluding that plaintiff’s claim was extinguished…