Boothe v. Hausler

OPINION ON MOTION FOR REHEARING

LEVY, Justice.

The Court’s opinion of September 22, 1988, is withdrawn, and the following is substituted therefor.

Appellant sued appellee to recover damages for injuries he sustained from an assault that occurred at the Cellar Door Restaurant in Houston on December 21, 1983. In answer to special issues, the jury found that appellee did not commit the assault and that appellant suffered no damages. Appellant appeals the trial court’s judgment asserting two points of error.

At the time of the assault, appellant was accompanied by Susan Marie Buck, who testified that…