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  5. 755 S.W.2d 217 (1988)
 

PEARSON v. K-MART CORP.

No. 01-87-01128-CV.

755 S.W.2d 217 (1988)

Pauletta PEARSON, Guardian of the Person and Estate of Ernest Ramos, an Incompetent, Appellant, v. K-MART CORPORATION, Appellee.

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

Rehearing Denied August 25, 1988.

Attorney(s) appearing for the Case

Thomas E. Dixon III, Tracey D. Conwell, Caddel & Conwell, Houston, for appellant.

Monty Stevens, Dudley, Dudley & Windle, El Paso, for appellee.

Before JACK SMITH, COHEN, and BISSETT, JJ.

OPINION

BISSETT, Justice (Assigned).

This an appeal from the trial court's order dismissing the action because of a lack of subject matter jurisdiction. Pauletta Pearson, appellant, hereafter "Pearson," is the guardian of the person and estate of Ernest Ramos. Ramos was rendered incompetent when a steel rolling gate fell from its tracks and struck him in the head at a K-Mart store in El Paso. Pearson filed suit on August 31, 1987 for damages as a result...

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