HOWARTON v. MINNESOTA MINING AND MFG., INC.

No. 11-02-00280-CV.

133 S.W.3d 820 (2004)

Kim HOWARTON, Individually and as Next Friend for Patricia Lynn Howarton and Harvey Lynn Howarton, and Marion Lynn Howarton, Sr., Appellants, v. MINNESOTA MINING AND MANUFACTURING, INC., Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled May 27, 2004.


Attorney(s) appearing for the Case

Michael M. Probus, Jr., Scott Steele, Austin, for appellants.

Aldean E. Kainz, Allison Kalisek, Jackson Walker, LLP, Austin, for appellee.

Robert M. Meador, Terri J. Meador, Meador & Meador, for intervenor.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.


Opinion

JIM R. WRIGHT, Justice.

Marion Lynn Howarton, Jr. (Howarton) was electrocuted while working for Three Rivers Electric Company, an independent contractor retained by Minnesota Mining and Manufacturing, Inc. (3M). After appellants1 settled other claims involving Three Rivers, their wrongful death suit against 3M continued. 3M filed a motion requesting summary judgment on traditional...

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