Big Mack Trucking Co., Inc. v. Dickerso

497 S.W.2d 283 (1973)

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Nature of the Case

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Facts

Dickerson's decedent (P) was an employee of Big Mack Trucking Co. (D). Decedent and Leday, another of D's employees, were driving trucks across Texas and stopped in Waco. Leday parked his truck behind decedent's and left it unattended. Decedent got out of his truck and was standing behind it when Leday's truck rolled forward and crushed decedent between the two trucks. Leday did not testify, but two other witnesses, D's vice president, and the police officer who responded to the accident testified that Leday had told them that he had been having problems with the brakes on his truck. The trial court admitted the statements, and D appealed.