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HERNANDEZ v. TOKAI CORP.

No. 98-0857.

2 S.W.3d 251 (1999)

Gloria Marie HERNANDEZ, as next friend of Ruben Richard Emeterio, a minor, Appellant, v. TOKAI CORPORATION and Scripto-Tokai Corporation, Appellees.

Supreme Court of Texas.

Decided August 26, 1999.

Attorney(s) appearing for the Case

Alberto Luis Guerrero, Victor M. Carrera, McAllen, for Appellant.

Thad D. Spalding, David M. Prichard, Ryan G. Anderson, Christopher Lee Burke, San Antonio, for Appellees.

Justice HECHT delivered the opinion of the Court.

The United States Court of Appeals for the Fifth Circuit has certified to us the following question:

Under the Texas Products Liability Act of 1993,[1] can the legal representative of a minor child injured as a result of the misuse of a product by another minor child maintain a defective-design products liability claim against the product's manufacturer where the product was intended...

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