Court of Appeals of Texas July 27, 1995, No. 13-93-647-CV (Jones v. Ortiz)

WARREN WHITHAM,

Justice (Retired), Dissenting.

I respectfully dissent. In this personal injury action, the trial court conducted a bifurcated bench trial to determine whether plaintiff-appellants, Dawn Jones and husband, Thomas E. Jones’, cause of action was barred by the affirmative defenses of accord and satisfaction, payment and release.