(Download) "Mcwilliams v. Masterson" by Third District, at Austin Texas Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Mcwilliams v. Masterson
- Author : Third District, at Austin Texas Court of Appeals
- Release Date : January 05, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Kendall McWilliams (McWilliams), administrator of the estate of LaWanda McWilliams, Deceased, and as next friend of Keith McWilliams, a minor, and Seth Andrew McWilliams, a minor, and Tom Neil Ferguson and Virginia Lee Ferguson have appealed from a judgment denying them recovery against Robert John Masterson, Werner Enterprises, Inc., Drivers Management, Inc., Paul Gabel and Kent Gabel (collectively referred to as Masterson). Through a single issue, McWilliams and the other appellants contend that the trial court erred by instructing the jury on the theories of unavoidable accident and act of God. As to the former, its submission is no longer permissible under any circumstance, according to the McWilliams. They continued by also arguing that no evidence in this specific case justified the submission. As to the act of God instruction, the trial court allegedly erred because there was no evidence to support its submission. We overrule the issue and affirm the judgment.
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