E-Z MART STORES INC. v. HAVNER

No. 06-89-09797-CV.

832 S.W.2d 368 (1992)

E-Z MART STORES, INC., Appellant, v. Roger HAVNER, as Next Friend of Kelly Havner and Shelly Havner, Minors; R.D. Crandell, as Administrator of the Estate of Diana Havner, Deceased; R.D. Crandell, Individually; and Mary Crandell, Individually, Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Overruled June 9, 1992.


Attorney(s) appearing for the Case

Alan Harrel, Atchley, Russell, Waldrop & Hlavinka, Texarkana, Mike A. Hatchell, Ramey, Flock, Jeffus, Crawford, Tyler, for appellant.

Coy Johnson, Sulphur Springs, Robert R. Schwartz, Tyler, for appellees.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.


OPINION

BLEIL, Justice.

Diana Havner was missing from her clerk's job at an E-Z Mart store. Later, she was found dead. A jury found that Z Mart's negligence proximately caused her death and fixed damages. On appeal to this Court, we found the evidence legally and factually insufficient to establish that E-Z Mart caused Diana Havner's death and rendered a ta::e-nothing judgment. Our decision is reported as E-Z Mart Stores, Inc. v. Havner,

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