Oak Creek Homes v. Lester A. Jones

This is an appeal from a default judgment awarding appellee Lester A. Jones a recovery of $25,446.98 from appellant Oak Creek Homes, Inc., for damages to appellees Airstream travel trailer that appellee alleged were caused by the negligence of appellants employee, James Travis Tidwell, when a mobile home owned by appellant that was being towed by a truck driven by Tidwell collided with appellees travel trailer on Interstate Highway 35 in McLennan County. The judgment recites that appellee was plaintiff in the trial court; that appellant and its employee Tidwell were defendants; that appellant, "although having been duly and legally cited to appear and answer, failed to appear and answer, and wholly made default"; and that the defendant Tidwell was not served and was dismissed from the suit by appellee. The judgment also recites that upon evidence presented the court found that appellee had been damaged in the following amounts: (1) $12,900 for the difference between the fair market value of his travel trailer before the wreck and after the wreck; (2) $161.33 for loss and repair of personal property; (3) $4,000 for loss of value of a lifetime warranty on the travel trailer; (4) $7,933.55 for loss of use of the travel trailer; and (5) $452.10 for prejudgment interest. These damages were all pleaded for by appellee.