Supreme Court of Texas

Evidence was in dispute as to whether railroad knew or should have known about a dangerous condition at a derailment site which caused injuries, thus refusal of foreseeability instruction was error; such error was preserved for appellate review, and was reversible because it probably caused the trial court to render an improper judgment.

Appellate Information

• Argued 01/09/2002
• Decided 06/06/2002
• Published 06/06/2002

Judges

• Justice BAKER delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Cathleen C. Herasimchuk, Rusty Hardin & Associates, Kim E. Whittington, Norma G. Davenport, General Solicitor, Fred Stuart Wilson, Union Pacific Railroad Company, Houston, for Petitioner.


• For Appellees:
  
• Mark T. Berry, Jones & Granger, David A. Furlow, Thompson & Knight LLP, Houston, for Respondent.