Legal Opinion
Morgan Ex Rel. Morgan v. Pool Co.
Court of Appeals of Texas
Decided September 7, 1982No. 21003PublishedCited by 3 opinions
1Opinion of the Court
STEPHENS, Justice.
This appeal arises from an adverse summary judgment in a suit brought on behalf of six minor children to recover exemplary damages for the deaths of their fathers, Edward Morgan and Norman Daugherty. Suit was brought under the authority of Tex.Const. art. XVI, § 26, and Tex.Rev.Civ. Stat.Ann. art. 8306, § 5 (Vernon 1967). We conclude that a fact issue exists as to the gross negligence of Pool Company, and that summary judgment was improper. Consequently, we reverse and remand.
The summary judgment evidence shows that on September 14, 1974, while in the employment of Pool…
2Cases cited6 opinions
- Burk Royalty Co. v. WallsTexas Supreme Court · 1981
- Wilcox v. St. Mary's University of San Antonio, Inc.Texas Supreme Court · 1975
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Missouri Pacific Railway Co. v. ShufordTexas Supreme Court · 1888
- Kolb v. Texas Employers' Insurance Ass'nCourt of Appeals of Texas · 1979
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