Adams v. Calloway

OPINION

BISSETT, Justice.

This appeal is from an order granting appellee R.W. Calloway’s Plea in Abatement. On June 18, 1980, appellant Chuck Adams, Jr., hereinafter “plaintiff,” filed a tort action in the 14th District Court of Dallas County, Texas, against appellee R.W. Calloway, Administrator of the Estate of Charles W. Adams, hereinafter “defendant.”

The plaintiff’s tort action arose out of an airplane crash on November 18, 1978, in which Charles W. Adams was killed and the plaintiff was injured. Plaintiff’s petition was answered with a Plea in Abatement which alleged that § 5A of the Texas…