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TAMEZ v. MACK TRUCKS, INC.

No. 13-00-00386-CV.

100 S.W.3d 549 (2003)

Elizabeth TAMEZ as Next Friend of Abram Joshua Tamez and Erica Roxanne Tamez, Minor Children, et al., Appellants, v. MACK TRUCKS, INC., Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled April 17, 2003.

Attorney(s) appearing for the Case

John Blaise Gsanger, Edwards Law Firm, Michael G. Terry, Hartline, Dacus, Barger, Dreyer & Kern, Corpus Christi, David O. Gonzalez, Law Offices of Baldemar Gutierrez, Alice, for Appellant.

Charles B. Kirklin, Glen Boudreaux, Kirklin, Boudreaux & Leonard, Brock C. Akers, Phillips & Akers, Houston, Bruce D. Bain, Jerry Fazio, Dodge, Fazio, Anderson & Jones, Dallas, Baldemar Gutierrez, Alice, John Gonzales, John Gonzales & Assoc., Randy Howry, Sean E. Breen, Herman, Howry & Breen, Austin, William A. Abernathy, Meredith, Donnell & Abernathy, Corpus Christi, for Appellee.

Before Justices HINOJOSA, YAÑEZ, and DORSEY.

OPINION

Opinion by Justice HINOJOSA.

After excluding the expert witnesses of appellants, plaintiff2 and intervenors3 below, the trial court granted the motion for summary judgment of appellee, Mack Trucks, Inc. ("Mack Trucks"). We reverse the trial court's summary judgment order and remand the case to the trial court for further proceedings.

A. Background and Procedural History

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