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COOPER TIRE & RUBBER CO. v. MENDEZ

No. 08-01-00340-CV.

155 S.W.3d 382 (2004)

COOPER TIRE & RUBBER COMPANY, Appellant, v. Oscar MENDEZ, Jr., Individually and as Administrator of the Estate of Maria Luisa Mendez, Deceased, and as Next Friend of Laura Maria Mendez and Daniel Mendez, Minor Children, Oscar Mendez, Sr., Carlos Duran, Ruben Duran, Guillermo Duran, Cynthia Recoder, Individually and as Administratrix of the Estate of Adela Duran, Deceased, Melissa Denise Snyder, Individually and as Administratrix of the Estate of Manuel Duran, Deceased, and Guillermina Duran, Individually and as Next Friend of Kevin Scott Duran, A Minor Child, Appellees.

Court of Appeals of Texas, El Paso.

October 14, 2004.

Attorney(s) appearing for the Case

W. Wendell Hall, Fulbright & Jaworski, San Antonio, for Appellant.

John Robert King, Law Office of John King, McAllen, John J. McKetta, Graves Dougherty Hearon & Moody, P.C., Austin, Ronald J. Stading, El Paso, for Appellees.

Before Panel No. 1 LARSEN, McCLURE, and CHEW, JJ.

OPINION

DAVID WELLINGTON CHEW, Justice.

This manufacturing defect case arises from a tragic single-vehicle accident, which resulted in the deaths of four occupants and serious injuries to three other occupants. Appellees, the surviving driver and occupants and estate administrators of the decedents (collectively, "the Plaintiffs") sued Appellant Cooper Tire & Rubber Company ("Cooper Tire"), asserting that a tire on the vehicle failed due to a...

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