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GINTHER v. DOMINO'S PIZZA, INC.

No. 14-01-00648-CV.

93 S.W.3d 300 (2002)

Noble GINTHER, III, and Lisa Ginther, Each Individually and a/n/f Fallon Ginther, Deceased, Appellants, v. DOMINO'S PIZZA, INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 8, 2002.

Attorney(s) appearing for the Case

George M. Kirk, Jr., Matthew Sean Parish, Michael Chad Gerke, Houston, for Appellants.

Michael Hendryx, Houston, for Appellee.

Panel consists of Justices HUDSON, FOWLER, and DUGGAN.

OPINION

WANDA McKEE FOWLER, Justice.

This is a wrongful death suit brought against Domino's Pizza, Inc.1 ("Domino's") by appellants, Lisa and Noble Ginther, III ("the Ginthers"), whose teenage daughter died in a car accident with the car of an off-duty Domino's delivery driver. On appeal, the Ginthers argue that the trial court erred in granting Domino's motion for summary judgment because (1) Domino's had a duty to ensure the...

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