POWELL v. CHARLES OFFUTT CO.

No. TY-80-132-CA.

576 F.Supp. 272 (1983)

Kenneth POWELL, Individually and as Personal Representative of the Estate of Norma Jean Powell and as next friend for Donna Powell v. CHARLES OFFUTT COMPANY, et al. v. The BUDD COMPANY, et al.

United States District Court, E.D. Texas, Tyler Division.

November 23, 1983.


Attorney(s) appearing for the Case

James E. Brown, Briggs, Brown & Berkley, Dallas, Tex., for plaintiffs.

H. Kelly Ireland, Potter, Guinn, Minton, Roberts & Ireland, Tyler, Tex., for defendant.

James Edward Maloney, Baker & Botts, Houston, Tex., for Firestone Tire and Rubber Co.

Thomas G. Nash, Jr., Dallas, Tex., for Freightliner Corp.


MEMORANDUM OPINION AND ORDER

STEGER, District Judge.

This lawsuit arises out of an accident that occurred on October 23, 1978 in which Kenneth Powell, Plaintiff, was injured and his spouse, Norma Jean Powell, was killed. Plaintiff alleges that the accident occurred when the tire and wheel-rim assembly on the tractor-trailer rig in which he and his spouse were riding came apart, ultimately causing him to lose control of his vehicle and crash. The original...

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