C. & R. Transport, Inc., Petitioners v. Brinkley Campbell, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals and remanded for a new trial, holding that the jury's answers to special issues 14 and 14A (plaintiff’s failure to keep a proper lookout) were supported by the evidence and could not be disregarded. The Court also held that the negative answer to special issue 15 did not preclude those findings and that the findings were not in fatal conflict, so the judgments below were reversed and remanded. Justice Pope dissented, arguing that the lead driver owed no duty to look rearward absent a change of lane, stop, or deceleration.