Trevino v. Lightning Laydown, Inc.

ABOUSSIE, Justice.

This wrongful death and survival action arose from a collision in which a trailer suddenly detached from a truck and struck Jose Trevino’s automobile, killing him. All of the defendants except appellee International Bank of Commerce settled before trial. The jury found that appellee’s negligence proximately caused the accident and accounted for five percent of the fault causing the occurrence. The jury further found that appellee acted with conscious indifference, but declined to award exemplary damages. The court awarded appellants five percent of their total damages…