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MAXEY v. FREIGHTLINER CORP.

Civ. A. No. CA-3-76-1204-G.

450 F.Supp. 955 (1978)

Frank MAXEY and Mary Amanda Maxey, Individually and as next friends of Mary Kathryn Maxey and Carroll Kaylene Maxey, minors v. FRIEGHTLINER CORPORATION.

United States District Court, N. D. Texas, Dallas Division.

April 21, 1978.

Attorney(s) appearing for the Case

Foster Reese, III and Windle Turley, Dallas, Tex., for plaintiff.

Thomas G. Nash, Jr., Elliott, Churchill, Hensen, Dyess & Maxfield, and Royal H. Brin, Jr., Strasburger & Price, Dallas, Tex., for defendant.

OPINION AND ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

On November 21, 1974, in Comanche, Texas, Billy Carroll Maxey and Mary Delia Maxey were burned alive in the cab of a truck manufactured by defendant Freightliner Corporation. The large diesel powered truck tilted on its side and slid approximately 288 feet to a stop, without forcefully colliding with any objects. The fatal fire erupted after the truck came to a stop. Bill's and Mary's death orphaned...

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