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ENTERGY GULF STATES, INC. v. SUMMERS

No. 05-0272.

282 S.W.3d 433 (2009)

ENTERGY GULF STATES, INC., Petitioner, v. John SUMMERS, Respondent.

Supreme Court of Texas.

Decided April 3, 2009.

Rehearing Denied June 5, 2009.

Attorney(s) appearing for the Case

Christine S. Kibbe, Paul A. Scheurich, Entergy Services, Inc., Beaumont TX, Jacqueline M. Stroh, Sharon E. Callaway, Crofts & Callaway, P.C., San Antonio TX, for Petitioner.

Steven C. Barkley, Law Office of Steven C. Barkley, Beaumont, TX, Collyn A. Peddie, Williams Kherkher Hart Boundas, LLP, Houston TX, for Respondent.

George S. Christian, Texas Civil Justice League, Jay Harvey, Winckler & Harvey, L.L.P., Austin, TX, Peter M. Kelly, Law Office of Peter M. Kelly, P.C., Houston, TX, Guy D. Choate, Webb, Stokes & Sparks, L.L.P., San Angelo, TX, Zoe Emily Taylor, Texas Trial Lawyers Ass'n., Austin, TX, A. Craig Eiland, A. Craig Eiland Attorney At Law PC, Galveston, TX, Steven Greene Bresnen, Richard Levy, Deats Durst Owen & Levy, PLLC, Austin, TX, James Underwood, Waco, TX, Robert L. Looney, E. Lee Parsley, E. Lee Parsley, P.C., Austin, TX, Christina Stone, Gaughan Stone & Thiagarajan, Houston, TX, Scott P. Stolley, Thompson & knight LLP, Dallas, TX, for Amicus Curiae.

Justice GREEN delivered the opinion of the Court, in which Justice WAINWRIGHT and Justice BRISTER joined, and in Parts I, II, III, IV, V, VI, VIII and IX of which Justice HECHT joined, and in Parts I, II, III, IV, V, VI, VII, and IX of which Justice JOHNSON joined, and in Parts I, II, III, VI, VII, and IX of which Justice WILLETT joined.

Rehearing was granted in this case and our previous opinion was withdrawn. We now substitute the following in its place. The judgment...

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