Thornal v. Cargill, Inc.

ON MOTION FOR REHEARING

We withdraw our former per curiam opinion, set aside the former judgment, grant petitioner’s motion for rehearing, and substitute this as the court’s opinion. This is a personal injury action in which Floyd Thornal alleged injuries resulting from a fall due to negligence. After a jury trial, the court rendered judgment that plaintiff take nothing. The court of civil appeals affirmed in part and reversed and rendered in part. 573 S.W.2d 845.

We agree with the holding of the court of civil appeals that the trial court erred in failing to disregard the jury’s answer that…