Garcia v. Willmuth

OPINION

PRESLAR, Chief Justice.

This suit is for damages for personal injuries to a minor pedestrian struck by a motorist in a marked crosswalk. Trial to a jury resulted in a verdict and judgment for the minor pedestrian. Error in the failure to submit requested issues of the defendant motorist requires reversal and remand for another trial.

In addition to the failure to submit certain issues, there is also present on appeal the question of proper submission of the defendant motorist’s negligence under Paragraph (b) of Sec. 77, Article 6701d, Tex.Rev.Civ.Stat.Ann.

The plaintiff-Appellee was…