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DAVIS v. CONVEYOR-MATIC INC.

No. 2-03-153-CV.

139 S.W.3d 423 (2004)

Mildred DAVIS and William Davis, Appellants, v. CONVEYOR-MATIC INCORPORATED, Appellee.

Court of Appeals of Texas, Fort Worth.

June 10, 2004.

Attorney(s) appearing for the Case

David McQuade Leibowitz, San Antonio, for Appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P., J. Kevin Kindred, Amy Elizabeth Stewart and Melanie Elisabeth Durst, Dallas, for Appellees.

Panel A: CAYCE, C.J.; LIVINGSTON and GARDNER, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

In this case we are called upon to determine whether the trial court erred in granting summary judgment in favor of Conveyor-Matic Incorporated, appellee, on causes of action for strict liability based upon manufacturing, design, sale, and installation defects and negligence. Because we hold that there is more than a scintilla of probative evidence regarding a defect, we reverse the trial court's summary judgment and remand...

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