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GARZA v. PEREZ

No. 486.

443 S.W.2d 855 (1969)

Dan GARZA, Appellant, v. Gilbert PEREZ, d/b/a Jolly Roger Ice Cream, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

July 17, 1969.

Attorney(s) appearing for the Case

Stone & Dyer, Curtis Dyer, Corpus Christi, for appellant.

Allison, Baker & White, Douglas Tinker, Corpus Christi, for appellee.

OPINION

GREEN, Chief Justice.

Appellant Dan Garza, hereafter referred to as plaintiff, filed this suit against appellee Gilbert Perez d/b/a Jolly Roger Ice Cream, hereafter referred to as defendant, and one Tommie Dies, operator of the dump truck involved in the accident in question. Plaintiff sought to recover damages for the death of his six year old daughter Diana, allegedly caused by negligence of said defendants. Defendant Perez filed a motion for summary...

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