Nichols v. Howard Trucking Co., Inc.

OPINION

WALKER, Chief Justice.

We adopt appellant’s Statement of the Case. This is a wrongful death and surviv-orship action by Appellant Wade H. Nichols, Individually and as Administrator of the Estate of John Earl Nichols, Deceased against Charles R. Davis, Jr., and his employer, Howard Trucking Co., Inc.

John Nichols died in a head-on collision on the Rainbow Bridge, Highway 87, in *156Orange County, Texas, on the morning of December 24, 1988. Appellant brought his tort action against Charles Davis, Jr., the driver of the “eighteen wheeler” alleged to have crossed into Mr. Nichols’ lane, and Mr.…