Texas Brine Corp. v. Lofton

OPINION ON MOTION FOR REHEARING

MURPHY, Justice.

In his Motion for Rehearing, appellee contends that the majority used the incorrect test for an “insufficiency of the evidence” point of error, failed to consider the proper test for the “foreseeability” element of proximate cause, held that appellant driver must foresee the particular danger of which complaint is made, and erred in holding that the jury’s finding that the appellant’s speed was a proximate cause of the collision was against the great weight and preponderance of the evidence.

In his supplemental brief in support of his Motion for…