mack trucks Tx 2006

mack trucks Tx 2006 - 1121PXT Time of Request: Wednesday,...

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1 121PXT Time of Request: Wednesday, September 23, 2009 07:57:34 EST Client ID/Project Name: xyz Number of Lines: 410 Job Number: 2861:178718436 Research Information Service: LEXSEE(R) Feature Print Request: Current Document: 1 Source: Get by LEXSEE(R) Search Terms: 206 sw3d 572 Send to: PARISH, JUDY 2777 ALLEN PKWY STE 1000 HOUSTON, TX 77019-2165
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LEXSEE 206 SW3D 572 MACK TRUCKS, INC., PETITIONER, v. ELIZABETH TAMEZ ET. AL., RESPONDENT NO. 03-0526 SUPREME COURT OF TEXAS 206 S.W.3d 572; 2006 Tex. LEXIS 1074; 50 Tex. Sup. J. 80 October 20, 2004, Argued October 27, 2006, Opinion Delivered SUBSEQUENT HISTORY: [**1] Released for Publication December 22, 2006. Rehearing denied by Mack Trucks, Inc. v. Tamez, 2006 Tex. LEXIS 1332 (Tex., Dec. 22, 2006) PRIOR HISTORY: ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE THIRTEENTH DISTRICT OF TEXAS. Tamez v. Mack Trucks, Inc., 100 S.W.3d 549, 2003 Tex. App. LEXIS 1727 (Tex. App. Corpus Christi, 2003) COUNSEL: For PETITIONER: Mr. Sean E. Breen, Mr. Randy Howry, HERMAN HOWRY & BREEN, L.L.P., Austin, TX; Mr. Robert Lee Galloway, Ms. Kellye Ruth For RESPONDENT: Mr. John Blaise Gsanger, Mr. William R. Edwards, Mr. William R. Edwards, III, THE EDWARDS LAW FIRM, L.L.P., Corpus Christi, TX; Mr. John Gonzales, JOHN GONZALES & ASSOCIATES, San Antonio, TX; Mr. David O. Gonzalez, LAW OFFICES of BALDEMAR GUTIERREZ, Alice, TX; Mr. Glenn M. Boudreaux, Ms. Maryellen Hester, BOUDREAUX LEONARD & HAMMOND, P.C., Houston, TX. JUDGES: JUSTICE JOHNSON delivered the opinion of the Court. OPINION BY: Phil Johnson OPINION [*575] JUSTICE JOHNSON delivered the opinion of the Court. In this truck accident case the trial court excluded expert testimony as to what caused a post-accident fire that burned the truck and the driver. After excluding theexpert testimony because it was not reliable, the trial court granted summary judgment. The court of appeals reversed. We hold that the trial court did not err, reverse the court of appeals' judgment, and render judgment that the plaintiffs take nothing. I. Background On October 19, 1996, Abram Tamez was operating a Mack Truck tractor hauling a trailer of crude oil. Tamez was rounding a curve in the road when the tractor and trailer overturned. A fire erupted and burned the trailer, its cargo, and the tractor. Tamez was able to climb out of the tractor, but he was badly burned and died as a result of his injuries. As a result of Tamez's death, suit was filed 1 against the tractor's manufacturer, Mack Trucks, Inc. [**2] , and others. 2 The Tamezes alleged that Mack defectively designed, manufactured and marketed the tractor. They claimed that Mack was liable for negligence, gross negligence, strict products liability, breach of warranty, and misrepresentation. All five theories were based on the same complaint: diesel fuel from the truck's fuel system originated the fire that burned Abram Tamez. Specifically, the Tamezes alleged that the tractor had
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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mack trucks Tx 2006 - 1121PXT Time of Request: Wednesday,...

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