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Texark 2008 design defect halogen lamp

Texark 2008 design defect halogen lamp - 1Texark 2008...

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1 Texark 2008 design defect halogen lamp121PXT Time of Request: Sunday, September 27, 2009 07:19:39 EST Client ID/Project Name: xyz Number of Lines: 720 Job Number: 1842:179390277 Research Information Service: Natural Language Search Print Request: Current Document: 5 Source: TX State Cases, Combined Search Terms: "alternative design" products liability Send to: PARISH, JUDY FUNDERBURK & FUNDERBURK, LLP 2777 ALLEN PKWY STE 1000 HOUSTON, TX 77019-2165
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5 of 100 DOCUMENTS CHARLES T. MERRELL, SR., AS WRONGFUL DEATH BENEFICIARY OF CHARLES THOMAS MERRELL, II, DECEASED AND AS REPRESENTATIVE OF THE ESTATE OF CHARLES THOMAS MERRELL, II, DECEASED, AND JANE CERVERNY, AS WRONGFUL DEATH BENEFICIARY OF CHARLES THOMAS MERRELL, II, DECEASED, Appellants v. WAL-MART STORES, INC., Appellee No. 06-07-00122-CV COURT OF APPEALS OF TEXAS, SIXTH DISTRICT, TEXARKANA 2008 Tex. App. LEXIS 9278 October 29, 2008, Submitted December 16, 2008, Decided SUBSEQUENT HISTORY: Appeal after remand at, Remanded by, Rehearing denied by, Summary judgment denied by Merrell v. Wal-Mart Stores, Inc., 276 S.W.3d 117, 2009 Tex. App. LEXIS 414 (Tex. App. Texarkana, Jan. 23, 2009) PRIOR HISTORY: [*1] On Appeal from the 336th Judicial District Court, Fannin County, Texas. Trial Court No. 38243. COUNSEL: Hon. Gary D. Corley, Gary D. Corley, PC, Sherman, TX. Hon. Robert L. Galloway, Robert L. Galloway, PC, Houston, TX. Hon. J. Woodlin Jones, Hon. Susan S. Vance, Alexander, Dubose, Jones & Townsend, LLP, Austin, TX. JUDGES: Before Morriss, C.J., Carter and Moseley, JJ. Opinion by Justice Carter. OPINION BY: Jack Carter OPINION Charles T. Merrell, Sr., and Jane Cerverny 1 (collectively the Parents) bring this appeal of the trial court's order granting Wal-Mart, Inc., summary judgment. 2 This is a products liability suit based on an allegedly defective halogen torchiere lamp which may have caused the wrongful death of Charles Thomas Merrell, II (Charles II), Merrell and Cerverny's son. Charles II had just graduated from Austin College andhad been hired as a stockbroker for A.G. Edwards' Paris, Texas, office. The house Charles II rented caught fire and burned, killing Charles II and his girlfriend, Latosha Gibson. The fire originated near the recliner in the living room. The fire report indicated the cause of the fire was unknown. The halogen torchiere lamp, which the Parents allege was the cause of the fire, was located next to the recliner. Wal-Mart denied the lamp was the cause of the fire. An alternative cause of the fire, which Wal-Mart alleges was more likely the cause, was that a dropped marihuana joint or cigarette caused the [*2] fire. Both victims had marihuana in their systems at the time of their deaths. The trial court granted Wal-Mart's no-evidence and traditional motions for summary judgment. 1 Merrell brought suit in his capacity as a wrongful death beneficiary of Charles Thomas Merrell, II, deceased, and as representative of the Estate of Charles Thomas Merrell, II, deceased. Jane Cerverny brought suit in her capacity as wrongful death beneficiary of Charles Thomas Merrell, II, deceased.
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