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HOWSLEY v. GILLIAM

No. B-4490.

517 S.W.2d 531 (1975)

Kay Morris HOWSLEY et al., Petitioners, v. Harvey GILLIAM, Respondent.

Supreme Court of Texas.

January 8, 1975.

Attorney(s) appearing for the Case

Weldon & Smith, Inc., P. C., Gerald J. Smith, El Paso, for petitioners.

Shafer, Gilliland, Davis, Bunton & McCollum, Inc., Perry Davis, Jr., Odessa, for respondent.

SAM D. JOHNSON, Justice.

This is a suit for wrongful death brought by the surviving parents and the estate of Robert C. Howsley, who was shot and killed while removing a battery from respondent Dr. Harvey Gilliam's automobile. The trial court granted summary judgment for Gilliam and the court of civil appeals affirmed. 503 S.W.2d 628. We reverse.

It is undisputed that on October...

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