Whitaker v. Rose

OPINION

JOHN S. ANDERSON, Justice.

This is a restricted appeal from a no-answer default judgment. Appellees, Lois Rose, John Rose, Jr., and John Rose, III (“the Roses”), sued appellant, Marcus Dunte Whitaker (“Whitaker”), for damages resulting from a car accident. Whitaker raises three issues on appeal. We affirm in part and reverse and remand in part.

Factual and PROCEDURAL Background

On February 20, 2003, Lois Rose (“Lois”) drove her car with her son, John Rose, III (“John, III”), as a passenger. As she entered an intersection, her car was struck by Marcus Dunte Whitaker’s vehicle. Whitaker’s…