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HOFER v. LAVENDER

No. C-2552.

679 S.W.2d 470 (1984)

J.D. HOFER et ux., Petitioners, v. Sharon LAVENDER, Respondent.

Supreme Court of Texas.

Rehearing Denied November 28, 1984.

Attorney(s) appearing for the Case

Edwards, McMains & Constant, William R. Edwards and Russell H. McMains, Corpus Christi, for petitioners.

Hunt, Hermansen, McKibben & Barger, Tom Hermansen, Corpus Christi, for respondent.

KILGARLIN, Justice.

The first of two issues involved in this case is whether exemplary damages may be recovered from the estate of a tortfeasor. Incidental to that inquiry is whether under Tex.Rev.Stat.Ann. art. 5525 (statute providing for survival of causes of action for personal injuries), exemplary damages may be recovered by persons other than those named in Tex. Const. art. XVI, § 26. J.D. Hofer, and his wife, Joan Hofer, brought suit against Sharon Lavender...

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