Wyatt v. Southwestern Bell Telephone Company

TITUS, Judge.

As Bennie Wyatt was traversing defendant’s sidewalk he allegedly stumbled and fell thereby, so it was averred, aggravating and activating preexisting disabilities in his back, legs and body as a whole. Beverly, his wife, joined in suing defendant with a derivative claim for loss of consortium. Defendant denied the occurrence, denied the existence of any sidewalk defect, denied that plaintiffs, or either of them, had been damaged, and affirmatively pleaded that Bennie’s fall, if so, resulted in his contributory negligence in failing to keep a lookout. The jury returned unanimous…