SUBER v. OHIO MEDICAL PRODUCTS, INC.

No. C14-90-0069-CV.

811 S.W.2d 646 (1991)

Martin SUBER and Craig Suber, Minors, by Next Friend, Craig SUBER, Craig Suber, Individually, and Jane Kirby, Appellants, v. OHIO MEDICAL PRODUCTS, INC., Airco, Inc., Ohio Medical Products, a Division of Airco, Inc., Ohmeda Group, a Division of the Boc Group, Inc., the State of Texas, the University of Texas Medical Branch at Galveston, John Sealy Hospital, and Harvey Slocum, Appellees.

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

Rehearing Overruled June 27, 1991.


Attorney(s) appearing for the Case

David D. Williams, Houston, W.C. Roberts, Jr., Dallas, for appellants.

Randall E. Butler, Houston, Delmar L. Cain, Austin, Stephen R. Lewis, Jr., Mary C. Thompson, Galveston, for appellees.

Before the court en banc.


OPINION

PAUL PRESSLER, Justice.

A summary judgment was granted holding that surviving beneficiaries may not maintain a wrongful death cause of action where the decedent recovered a judgment for personal injuries before her death. The decedent's minor children, husband and mother appeal. On January 17, 1991, a panel of this court issued a majority opinion reversing the judgment of the trial court, with one justice dissenting. On rehearing en banc, the opinion...

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