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GENERAL MOTORS CORP. v. SAENZ

No. 04-96-00303-CV.

966 S.W.2d 545 (1997)

GENERAL MOTORS CORPORATION and Lawrence Marshall Chevrolet-Oldsmobile, Inc., Appellants, v. Maria Del Carmen SAENZ, Individually and in Her Capacity As the Personal Representative of the Estate of Abel Lee Sanchez, Deceased; Connie W. Creel, Individually and As Next Friend of A.J. Sanchez, a Minor Child; and A.L. Sanchez, Jr., Individually and As Representative of the Estate of Abel L. Sanchez, Deceased, Appellees.

Court of Appeals of Texas, San Antonio.

Dissenting Opinion February 11, 1998.

Rehearing Overruled March 30, 1998.

Attorney(s) appearing for the Case

John R. Trigg, John H. Feiner, Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, CO, Jose E. Garcia, William L. Hubbard, Garcia & Ramirez, McAllen, Ruth Greenfield Malinas, Ball & Weed, P.C., San Antonio, David M. Heilbron, Leslie G. Landau, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for Appellants.

Russell H. McMains, Law Offices of Russell H. McMains, Corpus Christi, Stacy Keaton, Law Offices of Russell H. McMains, Houston, Mark A. Cantu, Law Office of Mark A. Cantu, McAllen, Guy H. Allison, Allison & Huerta, Corpus Christi, Rebecca E. Hamilton, Todd W. White, White, White & Hamilton, P.C., Rockwall, for Appellees.

HARDBERGER, C.J., and STONE and GREEN, JJ.

Dissenting Opinion of Justice Green, February 11, 1998.

OPINION

HARDBERGER, Chief Justice.

INTRODUCTION

This negligence and strict liability lawsuit arose when a 1990 Chevrolet pick-up, with no one at the wheel, backed up and caught the owner, Lee (Pookey) Sanchez, between the pick-up and an iron gate. Crushed between the two, with a broken arm and leg, and a deeply cut arm, Sanchez hung "like a butchered cow" until he bled to death. The...

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