DAVIS EX REL. DAVIS v. R.J. REYNOLDS TOBACCO, INC.

No. 00-10562 Summary Calendar.

231 F.3d 928 (2000)

Debra L. DAVIS, on behalf of Robert L. DAVIS, Individually and as Representative of the Estate of Robert L. Davis, Deceased; Michael L. Davis, Plaintiffs-Appellants, v. R.J. REYNOLDS TOBACCO, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 19, 2000.


Attorney(s) appearing for the Case

Harold Kenneth Tummel, David J. Lumber, Tummel & Casso, McAllen, TX, for Plaintiffs-Appellants.

William Earl Marple, Stephen Brian Yeager, Jones, Day, Reavis & Pogue, Dallas, TX, for Defendant-Appellee.

Before JOLLY, HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.


PER CURIAM:

This is an appeal from the district court's dismissal of the plaintiffs' claims of civil assault under Texas Penal Code § 22.01(a)(1)-(3) against R.J. Reynolds Tobacco for failing to warn Robert L. Davis of the dangers of nicotine addiction. The district court dismissed the suit as barred by the Texas Products Liability Act, Tex. Civ. Prac. & Rem.Code § 82.004. We affirm.

I

Robert...

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