L.M.B. Corporation v. Louis Gurecky

Louis Gurecky instituted this suit against L.M.B. Corporation for personal injuries he sustained in a collision between his vehicle and L.M.B.s vehicle, which was being driven by Jose Gonzalez. Gonzalez was L.M.B.s employee and was acting in the scope of his employment. The jury refused to make a finding that Gonzalez was negligent, but the trial court, believing that Gonzalez was guilty of negligence per se, rendered judgment for plaintiff Gurecky and the court of civil appeals affirmed the judgment. 489 S.W.2d 647. We granted the application for writ of error because the judgments of the courts below were ruled by our decision in Christy v. Blades, 448 S.W.2d 107 (Tex. 1969), which case this court overruled a few days after the judgment of the court of civil appeals in this case became final. See Southern Pacific Co. v. Castro, 493 S.W.2d 491 (Tex. 1973). We reverse the judgments of the courts below and remand the cause to the trial court.