Southwestern Bell Telephone Co. v. McKinney

ESQUIVEL, Justice.

This is an appeal from a judgment in a suit for damages rendered in favor of ap-pellee, Clifford Ray McKinney (McKinney), against appellant, Southwestern Bell Telephone Company (Bell). We affirm.

McKinney sued Bell and Xerxes Corporation for personal injuries sustained as a result of an accident involving an overhead telephone line. McKinney non-suited Xerxes Corporation and dismissed it as a defendant in this case after Xerxes admitted in its amended pleadings and stipulated during trial that: (1) McKinney was its employee on the date and occasion in question; and (2) Xerxes…