Kirby Forest Industries, Inc. v. Kirkland

772 S.W.2d 226 (1989)

KIRBY FOREST INDUSTRIES, INC., Appellant,

v.

Jackie Glynn KIRKLAND, Appellee.

No. A14-87-00835-CV.

Court of Appeals of Texas, Houston (14th Dist.).

May 18, 1989.

Rehearing Denied June 22, 1989.

Mitchell A. Toups, Beaumont, Houston, for appellant.

Dana G. Kirk, Don M. Kennedy, Houston, for appellee.

Before the Court en banc.

OPINION

J. CURTISS BROWN, Chief Justice.

This is an appeal from a judgment awarding damages in a personal injury suit. Appellee Jackie Kirkland was cutting timber on land belonging to appellant Kirby Forest Industries, Inc. when he was struck by a falling tree and…