HERRING v. TELECTRONICS PACING SYSTEMS, INC.

No. 09-96-197 CV.

964 S.W.2d 753 (1998)

Doris HERRING, Guardian of the Person and the Estate of Zettie Jones, NCM, Appellant, v. TELECTRONICS PACING SYSTEMS, INC., Appellee.

Court of Appeals of Texas, Beaumont.

Decided March 5, 1998.


Attorney(s) appearing for the Case

Darrin Walker, Law Offices of George Chandler, Lufkin, for appellant.

James D. Ebanks, John B. Wallace, Giessel, Barker & Lyman, Houston, for appellee.

Before WALKER, C.J., and BURGESS and STOVER, JJ.


OPINION

WALKER, Chief Justice.

Appellant, Doris Herring, Guardian of the Person and the Estate of Zettie Jones, NCM, filed suit against appellee, Telectronics Pacing Systems, Inc., alleging that a Telectronics pacemaker implanted in Herring's mother for less than one year did not function properly. The trial judge granted Telectronics summary judgment based on federal preemption.

Factually, Zettie Jones, mother of appellant, had a Telectronics pacemaker...

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