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Bill Cannon, Justice Hughes Tool Company and Hughes Drilling Fluids, Inc., a division of Hughes Took Company, (appellants) appeal from a judgment for $6,707,780 rendered against them in a personal injury suit. In six points of error appellants challenge the trial court's refusal to submit special issues on intoxication; its submission of special issues on damages for plaintiff Donald Eubanks' two young sons; its overruling of appellants' motion for a new trial based on newly discovered evidence; its refusal to admit certain testimony of the investigating officer; and its refusal to admit evidence of other accidents at the scene in question. In addition, appellants assert that the evidence supporting some of the jury findings is factually insufficient. We find error in the award of damages to Eric and Sean Eubanks and modify the judgment to delete those damages. We affirm the judgment as modified. On December 30, 1982, Donald Eubanks was working for his father, clearing land on a ranch between Dayton and Liberty. At the end of the day he and his father shared a pre-New Year's Eve drink, and he then left for home. He stopped in Dayton to but beer and drank two and part of a third while continuing home. Near the intersection of Highway 90 and Crosby-Dayton Road in eastern Harris County, Eubanks allegedly was forced off the road by a truck owned and operated by appellants. He lost control of his vehicle, went into a ditch and turned over several times. He suffered several injuries, resulting in paraplegia. The truck did not stop. Eubanks' suit against appellants was tried to a jury, which found that a driver of a Hughes Drilling Fluids truck committed certain negligent acts and that such negligence was a proximate cause of the accident. The jury father found that Eubanks was not negligent in his control of the truck, application of the brakes and lookout.

Professional & Technical
December 11
LawApp Publishers
Innodata Book Distribution Services Inc