Omega Contracting, Inc. v. Torres

OPINION ON MOTION FOR REHEARING AND REHEARING AND EN BANC

ANNE GARDNER, Justice.

We withdraw our opinion and judgment of September 29, 2005, and substitute the following. Our ultimate conclusions remain the same. We deny Appellant Juan Torres’s motion for en banc rehearing.

I. Introduction

This case presents several issues arising from a wreck involving four tractor-trailer rigs. We affirm in part and reverse in part and remand for new trial.

II. Factual and procedural background

In the early twilight hours of April 17, 2001, four 18-wheeler gravel trucks converged on a two lane, undivided stretch…