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FOGEL, LTD. A.T. v. SHOEMAKE

No. 2-89-149-CV.

795 S.W.2d 903 (1990)

FOGEL, LTD. A.T., Federal Group I, and International Property Management, Inc., Appellants, v. Janet SHOEMAKE, Individually and as Administratrix of the Estate of Miranda Gilley, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied October 9, 1990.

Attorney(s) appearing for the Case

Cowles & Thompson, R. Brent Cooper, R. Michael Northrup, Dallas, for appellants.

Keith, Link & Smith, P.C., C. Denise Smith and Ken M. Link, Fort Worth, for appellee.

Before FARRIS, LATTIMORE and DAY, JJ.

OPINION

DAY, Justice.

In this case of first impression, the issue before us is whether the doctrine of parental immunity prohibits a third party from seeking contribution from a negligent parent in a survival action brought by the child's estate.

Appellee, Janet Shoemake, is the mother of the deceased child, Miranda Gilley. As administratrix of the Estate of Miranda Gilley, appellee filed a survival action against appellants and was awarded damages...

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