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MOBIL OIL CORP. v. ELLENDER

No. 96-1299.

968 S.W.2d 917 (1998)

MOBIL OIL CORPORATION, Petitioner, v. Anna Mae ELLENDER, Individually, and as Representative of the Estate of Eli Arnold Ellender, Deceased, James G. Ellender, Dwain A. Ellender, Ricky Ellender, W. Craig Ellender, Arnold Kent Ellender, Jr., and Florence Faye Ellender Hoyt, Respondents.

Supreme Court of Texas.

Decided May 8, 1998.

Attorney(s) appearing for the Case

Lori Meghan Gallagher, Houston, Michael L. Baker, Beaumont, Mark L. Carlton, Fairfax, VA, Laura B. Rowe, Elizabeth A. Wiley, Mariann Sears, Houston, for Petitioner.

Paul F. Ferguson, Darren Brown, Beaumont, Stephen D. Susman, Charles R. Eskridge, Houston, James A. Holmes, Dallas, J. Keith Hyde, Beaumont, Otto D. Hewitt, III, Alvin, Mark C. Hall, Lubbock, for Respondents.

BAKER, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, HECHT, ENOCH, SPECTOR, ABBOTT, and HANKINSON, Justices, join.

In this appeal, Mobil Oil Corporation asserts that the court of appeals erred by: (1) affirming the punitive damages awarded against Mobil because there is legally insufficient evidence of gross negligence and malice; (2) improperly reviewing the factual sufficiency of the punitive damages award; (3) recalculating...

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