Citations
- 640 S.W.2d 685
Full opinion text
MORSE, Justice.
This is an appeal from a summary judgment. The question before us is whether the appellants, Abraham Cherry and Albert Allison, met their burden of establishing a fact issue as to estoppel of appellees to assert the defense of limitations. We find that no such fact issue was raised and affirm the judgment of the trial court.
This suit arose from personal injuries suffered by Abraham Cherry and Albert Allison on October 17, 1976, when gas vented from a well ignited and severely burned appellants. Appellant Abraham Cherry, filed suit on July 14,1977, and the appellant Albert Allison filed suit on August 24,1978; neither appellant named Victoria Equipment & Supply Company, Inc. or Victoria Equipment & Supply Company, a partnership, as a defendant at that time. On September 6, 1978, the attorney for appellant Cherry took the deposition of the defendant Melvin Klotzman. Mr. Klotzman was the supervisor of operations on the well at which appellants had been burned and when asked who had reported the fire to him he testified at page 19-20:
Q An instantaneous fire? Who reported this to you?
The lease pumper.
Whose name is what?
His name was Joe Preite.
How do you spell it so we have it correct?
P-r-e-i-t-e. «J
Who did he work for? <3*
Victoria Equipment and Supply. They were the Contractor furnishing the pumpers. <1
Where are they located? Q»
Victoria. Their involvement is the maintaining charts of producing wells, [emphasis added] <1
Were they working on this well?