Wallace Bailey, Jr., Petitioner v. Vanscot Concrete Company, D/b/a Express-Pennington, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment that Wallace Bailey, Jr. takes nothing because Vanseot Concrete Company had merged into Tarmac Texas, Inc. and ceased to exist, and the plaintiff failed to join the surviving corporation. The Court held that a merged‑out corporation cannot be sued for a tort occurring after the merger and that Rule 28 does not permit substituting the successor as a party.