Texas Department of Transportation and Vulcan Materials Company v. Kristina Smith, Individually and as Representative of the Estate of Jennipher Smith, and as Next Friend of N.J. and B.J. ( 2024 )

Court of Appeals Sixth Appellate District of Texas JUDGMENT Texas Department of Transportation and Appeal from the 71st District Court of Vulcan Materials Company, Appellants Harrison County, Texas (Tr. Ct. No. 21- 0667). Panel consists of Chief Justice No. 06-23-00076-CV v. Stevens and Justices van Cleef and Rambin. Kristina Smith, Individually and as Memorandum Opinion delivered by Justice Representative of the Estate of Jennipher Rambin. Smith, and as Next Friend of N.J. and B.J., Appellees As stated in the Court’s opinion of this date, we find reversible error in the judgment of the court below. Therefore, we reverse the judgment of the trial court and render judgment for the Texas Department of Transportation and Vulcan Materials Company. We further order that the appellees, Kristina Smith, Individually and as Representative of the Estate of Jennipher Smith, and as Next Friend of N.J. and B.J., pay all costs of this appeal. RENDERED OCTOBER 31, 2024 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk