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GARZA v. MAVERICK MARKET, INC.

No. C-7275.

768 S.W.2d 273 (1989)

Maria GARZA, Mother and Next Friend of Celia Garza and on Behalf of Miguel Angel De La Rosa, Jr., Petitioner, v. MAVERICK MARKET, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied May 17, 1989.

Attorney(s) appearing for the Case

Thomas O. Matlock, Jr., McAllen, Ramon Garcia, Law Offices of Ramon Garcia, P.C., Edinburg, for petitioner.

Ben A. Connell and Gene F. Creely, III, Meredith, Donnell & Abernethy, Houston, for respondent.

OPINION

RAY, Justice.

This is a suit for wrongful death brought on behalf of a child born after the death of his alleged father. The issue presented by this appeal is whether such a posthumously-born and unrecognized illegitimate child may sue for the wrongful death of his father under the Texas Wrongful Death Act. Tex.Civ.Prac. & Rem.Code Ann. §§ 71.001-.011 (Vernon 1986). The trial court directed a verdict for the defendant, Maverick Market...

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