PEEK v. EQUIPMENT SERVICE CO. OF SAN ANTONIO

Nos. C-8182, C-8426.

779 S.W.2d 802 (1989)

Lucie Allen PEEK, et al., Petitioner, v. EQUIPMENT SERVICE COMPANY OF SAN ANTONIO, et al., Respondents. Lucie Allen PEEK, Individually, and as Wife of Clyde Peek, and as Administratrix of the Estate of Clyde Peek, et al., Petitioner, v. Burton O. NEESWIG, M.D., Respondent.

Supreme Court of Texas.

November 8, 1989.


Attorney(s) appearing for the Case

W. James Kronzer, Jr., Leslie C. Taylor, R. Gary Stephens, Joe B. Stephens, Houston, for petitioner.

Stephen Dittlinger, Jeffrey C. Anderson, San Antonio, for respondents.


OPINION

PHILLIPS, Chief Justice.

These cases present the question of whether a plaintiff seeking damages under the wrongful death and survival statutes invokes the jurisdiction of a district court by filing a petition which fails to allege either a specific amount of damages or that the damages sustained exceed the court's minimum jurisdictional limits. The district court held that its jurisdiction was not invoked by such a pleading. Because plaintiffs did...

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