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PERSEUS, INC. v. CANODY

No. 04-97-00760-CV.

995 S.W.2d 202 (1999)

PERSEUS, INC. d/b/a Hippodrome, Appellant, v. Debbie CANODY, individually and as representative of the Estate of Alisha Martin, and Gloria Tijerina and Larry Tijerina, individually and as representatives of the Estate of Ruben Tijerina, deceased, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled May 25, 1999.

Attorney(s) appearing for the Case

Thomas F. Nye, Linda C. Breck, Brin & Brin, P.C., Corpus Christi, for Appellant.

Thomas C. Hall, Hall & Bates, L.L.P., San Antonio, Paul Anderson, Jr., James B. Lewis, Glover, Anderson, Chandler & Uzick, L.L.P., Peter M. Kelly, Miller Criaco Kelly, Houston, for Appellee.

Before ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice and SARAH B. DUNCAN, Justice.

OPINION

CATHERINE STONE, Justice.

This appeal from a jury's verdict in a wrongful death case raises issues regarding the Dram Shop Act and the statutory "safe harbor" defense which protects purveyors of alcohol who take certain precautions to ensure that intoxicated individuals are not served.

Ruben Tijerina and his fiancee, Alisha M. Martin, were killed by a drunk driver as they walked along the shoulder of a road in San Antonio.

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