Joseph and Missy Ubbes were traveling on an interstate highway in central Texas. Police were redirecting traffic around an accident that occurred ahead on the roadway. The Ubbes pick-up truck slowed down to meet the speed of the traffic up ahead, but the driver of the Topper Transportation tractor-trailer did not slow down. The Topper truck crashed into the rear of the Ubbes vehicle, causing it to collide with another vehicle in front of the Ubbes pick-up. Missy Ubbes suffered severe injuries and died several days later. Missy's husband, Joseph, and her three surviving children sued the trucking company and its driver for the wrongful death of Missy Ubbes. This case was tried in the District Court of Bell County, Texas.