Mondragon v. Austin

ON MOTION FOR REHEARING

CARROLL, Chief Justice.

We withdraw our original opinion and judgment of May 22, 1997, and substitute the following opinion in its place.

INTRODUCTION

This case is about making choices and taking chances. It is also about the consequences of choices made and chances taken.

Appellant Cirilo Mondragon chose to drink to the point of intoxication and then chose to drive his ear. He took the chance of injuring another driver or destroying property. He and his insurance company then chose not to pay the claim for property Mondragon damaged while driving drunk. He and his…