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DAIMLERCHRYSLER CORP. v. HILLHOUSE

No. 04-02-00548-CV.

161 S.W.3d 541 (2004)

DAIMLERCHRYSLER CORPORATION, Appellant, v. Roger HILLHOUSE, As The Next Friend of Ashlee Hillhouse, A Minor; and Lise Hillhouse, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 23, 2005.

Attorney(s) appearing for the Case

William V. Dorsaneo, III, Rey Rodriguez, Richard A. Smith, Gibson, Dunn & Crutcher, L.L.P., Dallas, David C. Duggins, Clark, Thomas & Winters, P.C., Austin, for appellant.

Kimberly S. Keller, The Keller Group, Thomas D. Jones, Law Office of Thomas D. Jones, P.C., Stephen E. Van Gaasbeck, Lytle & Van Gaasbeck, San Antonio, for appellees.

Sitting: ALMA L. LOPEZ, Chief Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

ON MOTION FOR RECONSIDERATION EN BANC

Opinion by SANDEE BRYAN MARION, Justice.

In an opinion and judgment dated June 2, 2004, we reversed the trial court's judgment in favor of the appellees who were the plaintiffs below, and rendered a take-nothing judgment in favor of the appellant who was the defendant below. The appellees filed a motion for reconsideration en banc, which a majority of this court granted. We...

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