ELLERBE v. OTIS ELEVATOR CO.

No. 17939.

618 S.W.2d 870 (1981)

Thophaus ELLERBE, Appellant, v. OTIS ELEVATOR COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 23, 1981.


Attorney(s) appearing for the Case

Helm, Pletcher & Hogan, Stephen W. Hanks, Houston, for appellant.

Talbert, Giessel & Stone, Alice Giessel and Jim Barker, Houston, for appellee.

Before COLEMAN, C. J., and PEDEN and SMITH, JJ.


COLEMAN, Chief Justice.

This is a suit for wrongful death and survival damages arising from the death of plaintiff's son, Kenneth Allen Ellerbe, on October 19, 1973, in Harris County, Texas. The suit is based on the alleged defective design of the Otis elevator which had been designed, manufactured, and sold by the defendant. The trial court granted a motion for summary judgment which relied solely on Article 5536a, Texas Revised Civil Statutes Annotated (Vernon Supp...

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