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Big Mack Trucking Co., Inc. v. Dickerson

Supreme Court of Texas
497 S.W.2d 283 (Tex. 1973)


Facts

Two truck drivers who worked for Big Mack Trucking Co., Inc. (Big Mack) (defendant) parked their trucks one behind the other on a hill. The brakes on Leday’s truck were not working properly and it rolled forward, trapping Dickerson between the two trucks and killing him. Dickerson’s wife and children (the Dickersons) (plaintiffs) brought a wrongful death action against Big Mack. The Dickersons sought to introduce into evidence a statement about the faultiness of the brakes made by Leday to two individuals: Stiles, the vice president of Big Mack, and Harwell, the investigating police officer. The statement to Harwell was made at the scene, but not until after the ambulance had taken Dickerson away. The trial court allowed the statements to be admitted and found in favor of the Dickersons. The court of civil appeals affirmed. Big Mack appealed.

Rule of Law

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Issue

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Holding and Reasoning (Johnson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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