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KELLY v. LIN TELEVISION OF TEXAS, L.P.

No. 11-99-00128-CV.

27 S.W.3d 564 (2000)

Joseph William KELLY, Sr. and Kathleen Kelly Jarrett, Individually and as heirs of Joseph William Kelly, Jr., deceased; and Michael O. Stinson, Individually and on behalf of the Estate of John Michael Stinson, deceased, Appellants, v. LIN TELEVISION OF TEXAS, L.P.; LIN Television of Texas, Inc.; LIN Broadcasting Corp.; KXTX of Texas, Inc.; KXTX, Inc.; Christian Broadcasting Network, Inc.; KXAN, Inc.; and North Texas Broadcasting Corp., Appellees.

Court of Appeals of Texas, Eastland.

August 17, 2000.

Attorney(s) appearing for the Case

Michael George Mahan, James Alexander McCorquodale, Vial, Hamilton, Koch, & Knox, Dallas, for appellant.

David C. Myers, Jackson & Walker, Dallas, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

TERRY McCALL, Justice.

The owners of a 1,500-foot television tower hired an independent contractor to replace an old broadcasting antenna with a new one. While the contractor was hoisting a 10,000 pound piece of equipment up the tower, the piece of equipment broke away from the tower and fell against a guy wire, and the tower collapsed. Two of the independent contractor's employees were killed. Their parents sued the present tower owner and the prior...

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