DUBIN v. CARRIER CORP.

No. A14-88-814-CV.

798 S.W.2d 1 (1990)

Norman DUBIN and Mercedes Dubin, Individually, and as Representatives of the Estate of Lori Jo Dubin, Appellants, v. CARRIER CORPORATION, Day & Night Manufacturing Company, a Division of Carrier Corporation, the BDP Company, a Division of Carrier Corporation, Williams Furnace Company and Continental Materials Corporation, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 25, 1990.


Attorney(s) appearing for the Case

Dan Fontaine, Houston, for appellants.

Frank M. Bean, Larry Funderburk, James Isbell, Marion Woodrow Kruse, Jr., Frank B. Stahl, Jr., John P. Cahill, Jr., Houston, for appellees.

Before ROBERTSON, SEARS and DRAUGHN, JJ.


OPINION

DRAUGHN, Justice.

This is the second appeal in a wrongful death action brought by the parents of Lori Jo Dubin after she died from carbon monoxide inhalation, allegedly caused by a defective wall heater. They sued several parties in the heater's chain of distribution, but the trial court rendered an adverse summary judgment on the basis of the 10 year statute of repose, TEX.CIV.PRAC. & REM.CODE § 16.009. The First Court of Appeals reversed...

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