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HAGINS v. E-Z MART STORES, INC.

No. 06-03-00040-CV.

128 S.W.3d 383 (2004)

Cindy HAGINS, Individually and as Representative of the Estate of Roger Hagins, and as Next Friend of Sarah Hagins and Dylan Hagins, Appellants v. E-Z MART STORES, INC., et al., Appellees.

Court of Appeals of Texas, Texarkana.

Decided February 6, 2004.

Attorney(s) appearing for the Case

Laureen F. Bagley, John D. Sloan Jr., Sloan, Price & Monsour, PC, Longview, for appellants.

Darrell L. Barger, David W. Green, Jeffrey S. Patterson, Hartline, Dacus, et al., Kathryn F. Green, Corpus Christi, for appellees.

Before MORRISS, C.J., ROSS and CORNELIUS, JJ.

OPINION

MORRISS, Chief Justice.

While Roger Hagins was working for a construction contractor building a new E-Z Mart convenience store, he accidentally stepped off a platform suspended approximately nine feet off the ground, causing his fatal fall. Alleging negligence for failing to exercise reasonable care to reduce or eliminate unsafe work conditions, Hagins' estate subsequently sued E-Z Mart Stores, Inc., and Hagins' employer, Doug R. Lance, individually...

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