DUNCAN v. CESSNA AIRCRAFT CO.

Nos. 13308, 13355.

632 S.W.2d 375 (1982)

Carolyn Parker DUNCAN, Individually and As the Duly Appointed, Qualified and Acting Administratrix of the Estate of James E. Parker, Deceased, and As Next Friend of Carl Glenn Parker, Sandra Deane Parker and Thomas Lane Parker, Appellants, v. CESSNA AIRCRAFT COMPANY, Appellee. CESSNA AIRCRAFT COMPANY, Appellant. v. Darla SMITHSON, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied May 12, 1982.


Attorney(s) appearing for the Case

Law Offices of Pat Maloney, Pat Maloney, Sr., Pat Maloney, Jr., George LeGrand and Jack Pasqual, by Jack Pasqual, San Antonio, for appellants in No. 13308 and appellees in No. 13355.

Graves, Dougherty, Hearon & Moody, John T. Anderson, Robert M. Roller, Stephen Jody Helman, and Robert J. Hearon, Jr., by John T. Anderson, Austin, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., for Cessna Aircraft Co.


ON MOTION FOR REHEARING

SHANNON, Justice.

The opinion of this Court handed down on March 17, 1982, is withdrawn, and the following opinion replaces it.

James Parker and Benjamin Smithson perished in the crash of a Cessna 150 airplane in New Mexico in 1976. The plane was piloted by Smithson and owned by Air Plains West, Inc.

Darla Smithson and Carolyn Parker Duncan, widows of Smithson and Parker, filed wrongful death suits in the district...

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