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ALLEN v. W.A. VIRNAU & SONS, INC.

No. 09-99-181 CV.

28 S.W.3d 226 (2000)

Debra ALLEN, Individually and as Next Friend of Michael Allen and Keith Allen, Minors, and as Executrix of the Estate of James Ray Allen, Deceased, and Fay Beale, Appellants, v. W.A. VIRNAU & SONS, INC., Appellee.

Court of Appeals of Texas, Beaumont.

Decided October 12, 2000.

Attorney(s) appearing for the Case

Mitchell A. Toups, Weller, Green & Toups, L.L.P., Beaumont, Patrick Zummo, Zummo, Mitchell & Perry, L.L.P., Houston, for appellants.

Henry S. Platts, Jr., Chalker, Blair, P.C., Houston, for appellee.

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

OPINION

EARL B. STOVER, Justice.

This is an appeal by appellants, Debra Allen and Fay Beale, from a summary judgment granted in favor of appellee W.A. Virnau & Sons, Inc. ("Virnau") in a products liability case.

While mowing on a neighbor's land, James Allen either fell off or was thrown from the tractor he was operating. The tractor continued to operate, pulling the mower behind the tractor over...

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