BIG MACK TRUCKING CO., INC. V. DICKERSON
497 S.W.2d 283 (1973)
NATURE OF THE CASE: This was a wrongful death action. This was an appeal from a judgment,
which affirmed trial court's judgment against Big Mack (D) trucking company in case where
jury found that negligence of D's employee proximately caused death of another employee.
FACTS: Dickerson's decedent (P) was an employee of Big Mack Trucking Co. (D). Decedent
and Leday, another of D's employees, were driving trucks across Texas, and stopped in Waco.
Leday parked his truck behind decedent's and left it unattended. Decedent got out of his
truck and was standing behind it when Leday's truck rolled forward and crushed decedent
between the two trucks. Leday did not testify, but two other witnesses, D's vice president
and the police officer who responded to the accident, testified that Leday had told them
that he had been having problems with the brakes on his truck. The trial court admitted the
statements, and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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