Yarbroughs Dirt Pit, Inc. v. Turner

Joe Turner sued Elizabeth Stanley and appellant Yarbroughs Dirt Pit, Inc. for personal injuries Turner sustained in a vehicular accident. After Turner settled with Stanley, she was dropped from the suit in an amended petition and is not a party to this appeal. In an earlier case, which this court recently affirmed on appeal, Stanley sued Yarbroughs Dirt Pit, Inc. and its employee, John Snider, for negligence arising out of the same accident and set of facts; a jury found in Stanleys favor in that earlier case, and judgment was entered against Yarbrough and Snider. See Snider v. Stanley, 44 S.W.3d 713 (Tex. App.--Beaumont 2001, pet. denied). In the instant case, the trial court relied upon the estoppel effect of the prior judgment and granted partial summary judgment in favor of Turner. The parties then stipulated to Turners damages and Yarbrough filed this appeal.