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PEREZ v. LOCKHEED CORP.

No. 95-50091.

88 F.3d 340 (1996)

Olga PEREZ, etc., et al. and David Edward Perez, et al., Plaintiffs-Appellants, v. LOCKHEED CORP. and General Electric Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 5, 1996.

Attorney(s) appearing for the Case

Ralph Oliver Anderson, Mark W. Hicks, Gary Allen Magnarini, Hicks, Anderson and Blum, Miami, FL, James Teague Crouse, Speiser, Krause and Madole, San Antonio, TX, for plaintiffs-appellants.

Robert L. Parks, William L. Petros, Anderson, Moss, Parks and Sherouse, Miami, FL, for Perez.

Charles F. Krause, Speiser, Krause & Madole, New Orleans, TX, for Wilson.

Ronald D. Krist, Krist, Gunn, Weller, Neumann & Morrison, Houston, TX, for Knutson.

James D. Guess, Groce, Locke & Hebdon, San Antonio, TX, Thomas Walter Gendry, Robert Mathy Lair, Ron A. Sprague, Neil Howard Stone, Gendry and Sprague, San Antonio, TX, for Lockheed Corp.

D'Anne Keller Haydel, Edward John O'Neill, Jr., Kelly J. Kirkland, Clements, O'Neill, Pierce & Nickens, Houston, TX, Paul K. Holloway, Porter and Hedges, Houston, TX, Jerry L. Mitchell, Kasowitz, Hoff, Benson and Torres, Houston, TX, Francis A. Anania, Miami, FL, for General Elec. Co.

Before POLITZ, Chief Judge, and GOODWIN and DUHÉ, Circuit Judges.

PER CURIAM:

We clarify our panel opinion in this case by amending Section IV.B as follows:

B. The Defendants Had No Duty to Warn

In order to defeat the summary judgment, the plaintiffs must offer evidence tending to prove that the defendants knew about a danger created by the design of the wiring and that the failure to warn of that danger was the proximate cause of the injuries alleged. See Talley v. City Tank Corp.,

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