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MALONE v. ELLIS TIMBER, INC.

No. 09-97-315CV.

990 S.W.2d 933 (1999)

Jo Marie MALONE, Individually and as Next Friend of Stephanie N. Malone, Laura E. Malone and Audra L. Malone, Minors; Pauline Edwards, as Next Friend of Cedric Edwards, a Minor; and E.D. Malone, Margaret Malone, and Lakesha Machelle Rogers, Appellants, v. ELLIS TIMBER, INC., Appellee.

Court of Appeals of Texas, Beaumont.

Decided April 29, 1999.

Rehearing Overruled May 27, 1999.

Attorney(s) appearing for the Case

Les Chambers, Lufkin, Jeff B. Badders, Badders & Badders, Nacogdoches, Jeff L. Rose, John E. Kinney, Strasburger & Price, Austin, for appellants.

Robert T. Cain, Jr., Robert Alderman, Jr., Linda O. Poland, Zeleskey, Cornelius, Hallmark, Roper & Hicks, Lufkin, for appellee.

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

OPINION

RONALD L. WALKER, Chief Justice.

This is a wrongful death suit arising out of a motor vehicle accident. A timber truck owned and driven by McKenzie Fields struck an overpass where State Highway 103 passed under a Southern Pacific Transportation Company overpass. A dislodged log struck the windshield of a following vehicle, fatally injuring Earl D. Malone. The appellants, Jo Marie Malone, acting individually...

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