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WELLBORN v. SEARS, ROEBUCK & CO.

No. 91-4387.

970 F.2d 1420 (1992)

Marilyn WELLBORN, Individually and as Administratrix of the Estate of Bobby Wellborn, deceased, Plaintiff-Appellee Cross-Appellant, v. SEARS, ROEBUCK & CO., Defendant-Appellant, and The Chamberlain Group, Inc., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 1992.

Attorney(s) appearing for the Case

Roger Townsend, Katherine D. Hunt, Fulbright & Jaworski, Houston, Tex., for defendants-appellants.

Winford L. Dunn, Jr., W. David Carter, Smith Stroud McClerkin, Dunn & Nutter, Texarkana, Ark., for plaintiff-appellee.

Before BROWN, GARWOOD and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This diversity case is a products liability action involving an automatic garage door opener manufactured by the Chamberlain Group, Inc. (Chamberlain) and distributed by Sears, Roebuck & Co. (Sears). Marilyn Wellborn (Wellborn) brought this action against Sears and Chamberlain after her son was killed as a result of the garage door opener malfunctioning. We affirm in part and certify the question — Does a decedent's cause...

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