McDaniel v. Continental Apartments Joint Venture

OPINION ON MOTION FOR REHEARING

MALONEY, Justice.

We deny appellants’ motion for rehearing. We withdraw this Court’s opinion of June 6, 1994. This is now the opinion of the Court.

J.L. and Mary McDaniel sued Continental Apartments Joint Venture, the individual members of the Joint Venture, 1 and Jerry Huckabee in a wrongful death and survival action. The McDaniels alleged premises defect and negligent activity theories of recovery. The trial court disregarded certain jury findings and granted judgment for Appellees. In five points of error, the McDaniels argue that the trial court erred in: (1)…