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OTIS SPUNKMEYER, INC. v. BLAKELY

No. 05-99-00606-CV.

30 S.W.3d 678 (2000)

OTIS SPUNKMEYER, INC., Appellant, v. Nancy BLAKELY, Appellee.

Court of Appeals of Texas, Dallas.

November 1, 2000.

Attorney(s) appearing for the Case

Gary C. Wallace, Hart, Buckley & Wallace, P.C., Dallas, for Appellant.

Before Justices OVARD, MOSELEY, and ROACH.

OPINION

JIM MOSELEY, Justice.

After the second jury trial in this case, the trial court rendered judgment holding appellant, Otis Spunkmeyer, Inc. ("Spunkmeyer"), liable for personal injuries sustained by appellee, Nancy Blakely ("Blakely"), when she bit into a cookie produced by Spunkmeyer that contained a foreign object. Spunkmeyer appeals, arguing: (1) the trial court abused its discretion in granting Blakely's motion for new trial after the first trial...

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