CONKLE v. BUILDERS CONCRETE PROD. MFG.

No. C-7279.

749 S.W.2d 489 (1988)

James L. CONKLE, Sr., Independent Administrator of the Estate of Douglas A. Conkle and Individually and Nancy H. Conkle, Petitioners, v. BUILDERS CONCRETE PRODUCTS MANUFACTURING COMPANY and Dillon Steel, Inc., Respondents.

Supreme Court of Texas.

May 11, 1988.


Attorney(s) appearing for the Case

Ned E. Webster, Hill, Heard, O'Neal, Gilstrap & Goetz, P.C., Arlington, for petitioners.

Paul H. Stanford, McMullen, Ponten, Jenkins & Smith, P.C., Dallas, H. Harman Camp, Camp, Jones, O'Neill, Hall & Bates, Fort Worth, for respondents.


PER CURIAM.

In this case, the parents of Douglas Conkle sued his employer and the manufacturer of the concrete batch plant where he worked for damages that resulted from his untimely death. The trial court granted partial summary judgment for the employer on the grounds that the Conkles were barred from suit because of their acceptance of death benefits under the Worker's Compensation Act. It then granted summary judgment for the employer on the Conkles' remaining...

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