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COMPAQ COMPUTER CORP. v. LAPRAY

No. 09-01-368-CV.

79 S.W.3d 779 (2002)

COMPAQ COMPUTER CORPORATION, Appellant, v. Hal LAPRAY, Tracy D. Wilson, Jr., Alisha Seale Owens, Appellees.

Court of Appeals of Texas, Beaumont.

Decided June 20, 2002.

Attorney(s) appearing for the Case

Sheila L. Birnbaum, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, Robert Q. Keith, Keith, Weber & Mosty, PLLC, Johnson City, David J. Beck, Alistair B. Dawson, Beck, Redden & Secrest, Houston, Carl Parker, Parker & Parks, LLP, Port Arthur, for appellant.

Wayne A. Reaud, The Reaud Law Firm, L. DeWayne Layfield, Law Office of L. DeWayne Layfield, Hubert Oxford, III, Robert Craft, Benckenstein & Oxford, LLP, Gilbert I. Low, Gary Neale Reger, Jack P. Carroll, Orgain, Bell & Tucker, LLP, Beaumont, Charles Silver, Austin, C. Keith Kebodeaux, Law Office of Keith Kebodeaux, Beaumont, for appellees.

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

OPINION

DON BURGESS, Justice.

Hal LaPray, Tracy D. Wilson, Jr., and Alisha Seale Owens (plaintiffs/appellees) filed suit on behalf of themselves and all others similarly situated against Compaq Computer Corporation. The suit alleges computers sold or manufactured by Compaq incorporate a defective floppy disk controller (FDC). The suit expressly "does not seek claims for consequential damage as the result of the...

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