McDaniel v. Yarbrough

OPINION ON MOTION FOR REHEARING

MIRABAL, Justice.

We withdraw our earlier opinion, we substitute the following opinion in its stead, and we overrule appellant’s motion for rehearing.

This is an appeal from a take-nothing judgment in a personal injury lawsuit. We affirm.

In two points of error, appellants B.J. McDaniel and Pamela Charmrod McDaniel assert the trial court abused its discretion when, after the trial had begun, it dismissed a juror who was unable to return to the courthouse because of bad weather conditions.

At the outset, we will address appellee, Tom Yarbrough’s, contention that no…