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SERV-AIR, INC. v. PROFITT

No. 04-97-00703-CV.

18 S.W.3d 652 (1999)

SERV-AIR, INC., Appellant, v. Jane E. PROFITT, Individually, and as Executrix of the Estate of Maj. Gen. Glenn A. Profitt, II, Deceased; Glenn S. Profitt; David S. Profitt; Glenn A. Profitt and Jessie L. Profitt; and Michelle Carey, a Widow, Individually and as Next Friend of Patrice Marie Carey; Shawn Thomas Carey and Chris Gordon Carey, Minors, and as Independent Executrix of the Estate of Captain Paul Edwin Carey, Deceased, Appellees.

Court of Appeals of Texas, San Antonio.

Concurring and Dissenting Opinion October 13, 1999.

Opinion on Rehearing February 16, 2000.

Attorney(s) appearing for the Case

Sharon E. Callaway, Wallace B. Jefferson, Ellen B. Mitchell, Crofts, Callaway & Jefferson, P.C., San Antonio, Martin E. Rose, Rose-Walker, L.L.P., Dallas, Allison Freeman Logan, Gardere & Wynne, L.L.P., Dallas, for Appellant.

Russell H. McMains, Law Offices of Russell H. McMains, Corpus Christi, James L. Branton, Carol P. Lomax, Branton & Hall, P.C., San Antonio, Jack Pasqual, Jack D. Pasqual, Jr., Law Offices of Jack Pasqual, P.C., San Antonio, L. Rich Humpherys, Christensen & Jensen, P.C., Salt Lake City, UT, for Appellee.

Sitting: ALMA L. LÓPEZ, Justice CATHERINE STONE, Justice PAUL W. GREEN, Justice.

OPINION

Opinion by: ALMA L. LÓPEZ, Justice.

This is a wrongful death and survivorship case arising from an airplane crash in which all eight aboard were killed. The Air Force Learjet C-21A crashed near Mobile, Alabama, en route from Andrews AFB to Randolph AFB. Several parties settled before and/or after the three-week trial.3 The jury found that Serv-Air, the maintenance contractor for the plane, was 75% negligent...

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