Smith v. Babcock & Wilcox Const. Co., Inc.

ABOUSSIE, Justice.

Appellants James Smith and Shirley Anne Smith and Lumbermens Mutual Casualty Company (“Intervenor” or “Lumbermens”) appeal from an order dismissing their cause of action against appellees Babcock & Wilcox Construction Company (“Babcock”) and the City of Austin. Appellants further appeal the order denying their motions to reinstate the ease. We will affirm both orders of the trial court.

BACKGROUND

The City of Austin hired Babcock as its general contractor to perform and supervise certain improvements to a power generation plant. Babcock subcontracted part of the work to J.…