Vanscot Concrete Co. v. Bailey

OPINION ON REMAND

DAY, Justice.

Vanscot Concrete Company (Vanscot) appealed from an adverse judgment in a personal injury action. In our prior opinion, we dismissed the appeal. See Vanscot Concrete Co. v. Bailey, 843 S.W.2d 193 (Tex.App.-Fort Worth 1992). The Texas Supreme Court granted Vanscot’s application for writ of error, reversed our prior opinion, and remanded the cause to this court for reconsideration of Vanscot’s points of error. See Vanscot Concrete Co. v. Bailey, 853 S.W.2d 525, 527 (Tex.1993).

We reverse and render for Vanscot.

In March of 1988, Wallace Bailey, Jr. sued Vanscot,…