Dowell Division of Dow Chemical U.S.A. v. Del-Rio Drilling Programs, Inc.

STEWART, Justice:

This is an appeal by the defendant Del-Rio Drilling Programs, Inc. (“Del Rio”), from a judgment denying Del-Rio recovery on a counterclaim for damages to its oil well. A jury found that both the plaintiff, Dowell Division of Dow Chemical U.S.A. (“Dowell”), and the defendant were negligent in performing fracturing operations on the defendant’s oil well. The jury also found that neither party’s negligence was the proximate cause of Del-Rio’s loss of production from the well. We affirm.

I. Facts

During 1980, Dowell supplied materials and services to Del-Rio for the operation of…