PHAN SON VAN v. PENA

No. 97-0900.

990 S.W.2d 751 (1999)

PHAN SON VAN, individually and d/b/a P-One Food Store, Petitioner, v. Adolfo PENA, individually and as representative of the Estate of Elizabeth Pena and Melissa Pena, individually, and Randy Lee Ertman and Sandra Lee Ertman, individually and as personal representatives of the Estate of Jennifer Lee Ertman, Respondents.

Supreme Court of Texas.

Decided April 1, 1999.

Rehearing Overruled June 10, 1999.


Attorney(s) appearing for the Case

Daniel F. Shank, William Robert Pilat, Davis & Shank, P.C., Houston, for petitioner.

Matthew J. M. Prebeg, Arthur M. Glover, Ronald Wardell, Houston, for respondent.


Justice O'NEILL delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice BAKER, Justice HANKINSON, and Justice GONZALES joined.

In this case we decide whether proximate and superseding cause may be decided as a matter of law based upon the summary judgment proof. This lawsuit arises out of the brutal assault and murder of Elizabeth Pena, sixteen, and Jennifer Lee Ertman, fourteen, by six teenage gang...

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