Graham ex rel. Benton v. Ozuna

GRAVES, Justice.

This is an appeal from an order of the trial court sustaining a plea of privilege filed by appellee, Ozuna.

James Earl Graham, a minor, suing by and through his next friend, filed an action against appellee, Timoteo Ozuna, and one Barney Cott, seeking the recovery of $86,000 damages for personal injuries allegedly sustained by him on or about April 20, 1951. Plaintiff’s cause of action was based on alleged acts of negligence on the part of the appellee, Ozuna, in operating a truck in the course and scope of his employment for the co-defendant, Barney Cott. Plaintiff alleged…