Texas Employers Ins. Ass'n v. Grimes

CULVER, Justice.

Our former opinion in this case is withdrawn and the following substituted therefor.

*334This suit was brought by Meta Grimes, claiming to be the surviving wife of R. L. Grimes, for herself and as next friend of three minor children of Grimes, two of them born to her and one to Barbara Grimes Cowfer, against E. L. Powell and others for damages arising from the death of Grimes in a truck collision. Barbara was not made a party.

Texas Employers Insurance Association, petitioner, intervened alleging that as workmen’s compensation carrier it had paid the maximum death benefits and was…