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ARLEN v. HEARST CORP.

No. 01-98-00985-CV.

4 S.W.3d 326 (1999)

David ARLEN and Marilyn Arlen, Appellants, v. THE HEARST CORPORATION d/b/a The Houston Chronicle, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled November 4, 1999.

Attorney(s) appearing for the Case

Michael Kerensky, Houston, for Appellant.

Brock C. Akers, Evelyn T. Ailts, Byron K. Barclay, Houston, for Appellee.

Panel consists of Justices COHEN, O'CONNOR, and WILSON.

OPINION

MURRY B. COHEN, Justice.

On September 24, 1994, Mr. Valch-Koufski was driving his car, delivering Houston Chronicle newspapers, when he fell asleep, crossed the road, and struck Mr. Arlen's car. Arlen was injured. He and his wife sued, among others, the Houston Chronicle. The trial judge granted appellee an interlocutory summary judgment, which was later severed. This appeal followed.

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