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AYALA v. BARTOLOME

No. 11-95-072-CV.

940 S.W.2d 727 (1997)

Elida AYALA, Individually and as Representative of the Estate of Ramon Ayala et al., Appellants, v. Teresita T. BARTOLOME d/b/a Captain Wick's Seafood Restaurant, Appellee.

Court of Appeals of Texas, Eastland.

January 23, 1997.

Attorney(s) appearing for the Case

Ronald Franklin, Silva Barnwell, Franklin, Cardwell & Jones, Houston, for appellants.

Ann Knight, John B. Geddie, P.J. Murphey Harmon, Kross & Tract, Houston, Robert D. Brown, Donato & Assoc., Houston, for appellee.

Before ARNOT, C.J., and DICKINSON and WRIGHT, JJ.

OPINION

ARNOT, Chief Justice.

Ramon Ayala suffered from liver disease secondary to the long usage of alcohol (cirrhosis of the liver). Ayala and his family dined at Captain Wick's Seafood Restaurant. Ayala consumed two dozen raw oysters. A few days later, Ayala became sick, was admitted to the hospital, and subsequently died of septicemia. The septicemia was attributed to the bacteria vibrio vulnificus which is...

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