Randall Crow v. Gilbert Burnett and Greg William Burnett--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-96-113-CV

RANDALL CROW,

Appellant

v.

GILBERT BURNETT

AND GREG WILLIAM BURNETT,

Appellees

From the 40th District Court

Ellis County, Texas

Trial Court # 50,184

DISSENTING OPINION

I dissent. See Lance v. USAA Ins. Co., 934 S.W.2d 427, 431-33 (Tex. App. Waco 1996, no writ) (Vance, J., dissenting). As was true in Lance, the injured party testified to pain arising shortly after the accident and that evidence is uncontroverted. Thus, the jury's failure to find any damages is contrary to the weight of the evidence. See Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex. 1983).

I would reverse the judgment and remand the cause for another trial.

BILL VANCE

Justice

Opinion delivered and filed August 20, 1997

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