WITTY v. AMERICAN GEN. CAPITAL DISTRIBUTORS

No. 01-84-0667-CV.

697 S.W.2d 636 (1985)

Kimberly WITTY, Individually and as Surviving Parent of Baby Witty, a Nonborn Child, Appellant, v. AMERICAN GENERAL CAPITAL DISTRIBUTORS, INC., Appellee.

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

Rehearing Denied August 22, 1985.


Attorney(s) appearing for the Case

Jeffery M. Stern, Michael W. Melton, Houston, for appellant.

Michael G. Terry, Vinson & Elkins, Houston, for appellee.

Before EVANS, C.J., and COHEN and DUNN, JJ.


OPINION

EVANS, Chief Justice.

The plaintiff, Kimberly Witty, appeals from a take-nothing summary judgment entered in favor of the defendant, American General Capital Distributors, Inc. The judgment is reversed and the cause is remanded.

The plaintiff sued individually, and also as surviving parent of her deceased unborn child, alleging that her baby had been fatally injured as a result of the defendant's negligence. She alleged that while employed...

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