Lee v. Hersey

OPINION ON REHEARING

JAMES T. CAMPBELL, Justice.

The Court this day overruled appellees’ Motion for Rehearing, withdrew its original opinion dated February 23, 2006 and issued this opinion in its place.

This is an appeal from a judgment entered non obstante veredicto in favor of appellees the Frank J. Hersey Family Trust, Justin Hersey, and Travis J. Hersey. We will reverse and render in part, affirm in part, and enter a take-nothing judgment in favor of appellant Reginald S.Y. Lee. 1

Factual and Procedural Background Frank Hersey, 2 who resided in Montgomery County, Texas, died in an automobile…