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Yarbrough's Dirt Pit, Inc. v. Turner

Where the appellant did not offer any evidence that the accident victim was negligent and where the victim offered uncontroverted testimony that he was not negligent, the trial court did not err in granting partial summary judgment on the defense of contributory negligence.

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OPINION

Joe Turner sued Elizabeth Stanley and appellant Yarbrough’s Dirt Pit, Inc. for personal injuries Turner sustained in a vehicular accident. After Turner settled with Stanley, she was dropped from the suit in an amended petition and is not a party to this appeal. *fn1 In an earlier case, which this court recently affirmed on appeal, Stanley sued Yarbrough’s Dirt Pit, Inc. and its employee, John Snider, for negligence arising out of the same accident and set of facts; a jury found in Stanley’s favor in that earlier case, and judgment was entered against Yarbrough and Snider. See Snider v. Stanley, 44 S.W.3d 713 (Tex. App.–Beaumont 2001, pet. denied). In the instant case, the trial court relied upon the estoppel effect of the prior judgment and granted partial summary judgment in favor of Turner. The parties then stipulated to Turner’s damages and Yarbrough filed this appeal.

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