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DIGGLES v. HORWITZ

No. 09-87-192-CV.

765 S.W.2d 839 (1989)

Linda Marie Freeman DIGGLES, Individually and as Next Friend of the Minor Child, Eddie Diggles, Appellants, v. Phillip HORWITZ, Individually and d/b/a Phillip's Pawn Shop and Raven Arms, Inc., Appellees.

Court of Appeals of Texas, Beaumont.

Rehearing Denied February 15, 1989.

Attorney(s) appearing for the Case

George M. Jamail, Wendell C. Radford, Beaumont, for appellants.

David Gaultney, Beaumont, Marc A. Sheiness, Houston, Garland F. Henley, Michael D. Curry, Houston, for appellees.

OPINION

BURGESS, Justice.

This is a personal injury case involving a suicide in which a summary judgment was granted for the defendants. Claude Diggles had a history of mental problems and, in early March 1984, was committed to a local mental health facility. On the morning of March 19, he left the facility and went to Phillip's Pawn Shop. He purchased a .25 caliber Raven Arms semi-automatic pistol. A short time later he returned to the shop and asked to purchase...

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