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SCOTT FETZER CO. v. READ

No. 03-95-00544-CV.

945 S.W.2d 854 (1997)

The SCOTT FETZER COMPANY d/b/a The Kirby Company, Appellant, v. Dena Kristi READ, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 19, 1997.

Attorney(s) appearing for the Case

David A. Kutik, Jones, Day, Reavis & Pogue, Cleveland, OH, for Appellant.

James Lawrence Wright, Mithoff & Jacks, L.L.P., Austin, for Appellee.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

JONES, Justice.

The Scott Fetzer Company, doing business as The Kirby Company ("Kirby"), appellant, appeals from a judgment awarding actual and exemplary damages to appellee, Dena Kristi Read, after she was sexually assaulted in her home by a Kirby dealer. In eight points of error, Kirby argues that the evidence is legally and factually insufficient to support jury findings (1) that Kirby breached any duty to Read; (2) that Kirby proximately caused Read's injuries...

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