City of Austin v. Cooksey

WALTER, Justice.

We grant appellees’ motion for rehearing and withdraw our opinion and judgment dated October 13, 1977 and the following opinion is rendered in lieu thereof.

This is a wrongful death case. Carol Marie Cooksey, Pamela Kay Cooksey, Kimberly Cooksey and Clara B. Cooksey, the widow, children and mother of Michael Co-oksey, recovered a judgment against Hensel Phelps, Inc., the City of Austin and the State of Texas.

The State and the City have appealed. Hensel Phelps joined the Cookseys in asking that the judgment be affirmed.

Michael Cooksey was employed by Udo Haufler Excavating…