COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-15-00122-CV

John L. Reed and LH Chaney § From the 17th District Court Materials § of Tarrant County (017-273616-14) v. § October 1, 2015 Leah Vance § Opinion by Justice Dauphinot

JUDGMENT This court has considered the record on appeal in this case and holds that there was error in part of the trial court’s judgment. It is ordered that the judgment of the trial court is affirmed in part and reversed in part. We affirm that portion of the trial court’s judgment as to the liability of John L. Reed (Reed) for negligence and gross negligence and of LH Chaney Materials (Materials) for respondeat superior. We reverse that portion of the trial court’s judgment as to the award of damages against Reed and Materials and as to the liability of Materials for gross negligence and remand this case to the trial court for further proceedings.

It is further ordered that each party shall bear their own costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Lee Ann Dauphinot______________ Justice Lee Ann Dauphinot