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JOJOS RESTAURANTS, INC. v. McFADDEN

No. 07-01-0288-CV.

117 S.W.3d 279 (2003)

JOJOS RESTAURANTS, INC., Appellant, v. Jermaine McFADDEN and Maria McFadden, Appellees.

Court of Appeals of Texas, Amarillo.

Order Granting Rehearing and Modifying Judgment August 7, 2003.

Attorney(s) appearing for the Case

David W. Holman, Holman & Keeling, P.C., Kevin D. Jewell, Magenheim Bateman & Helfand, P.L.L.C., Houston, for Appellant.

Erin E. Lunceford, Munisteri Sprott Rigby Newsom & Robbins, P.C., Houston, for Appellees.

Before JOHNSON, C.J., QUINN and REAVIS, JJ.

Opinion

BRIAN QUINN, Justice.

This case involves the issue of proximate cause, in general, and the element of cause-in-fact, in particular. In accordance with the jury's verdict, judgment was entered awarding Jermaine McFadden and Maria McFadden damages against Jojo's Restaurants, Inc. (Jojo's). On appeal, Jojo's argues that there was no evidence or factually insufficient evidence to support the jury's finding that it breached any duty owed to the...

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