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KEHLER v. EUDALY

No. 2-94-204-CV.

933 S.W.2d 321 (1996)

Grace KEHLER, individually and on behalf of the Estates of Michael Trekell and Jayson Kehler, deceased, and Lester C. Trekell and June E. Trekell, Appellant, v. Harold EUDALY, M.D., Saint Joseph Hospital and John W. Koechel, Ph.D., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 5, 1996.

Attorney(s) appearing for the Case

Darrell L. Keith, Sue S. Walker, Law Firm of Darrell L. Keith, P.C., Fort Worth, for appellant.

James G. Bennett, Bennett & Hall, L.L.P., Daniel R. Barrett, Fielding, Barrett & Taylor, Richard Griffith, Evelyn R. Leopold, Carol J. Traylor, Jordan M. Parker, Cantey & Hanger, L.L.P., Franklin Moore, Murphy, Moore & Bell, Don Driver, Fort Worth, for appellees.

Before DAY, LIVINGSTON and HOLMAN, JJ.

OPINION

LIVINGSTON, Justice.

In this appeal we must determine whether Texas law recognizes a cause of action based on a defendant's duty to protect third parties who are injured by an actor's criminal conduct. Appellants appeal from a summary judgment entered by the trial court in favor of appellees, the defendants in the court below. Appellants sued the appellees for the death damages arising from the murders...

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