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EVERETT v. TK-TAITO, L.L.C.

No. 2-04-181-CV.

178 S.W.3d 844 (2005)

Pete EVERETT and Marcella Everett, Individually and on behalf of Others Similiarly Situated, Appellants, v. TK-TAITO, L.L.C., Takata Seat Belts, Inc., American Isuzu Motors, Inc., Isuzu Motors of America, Inc., and Nissan North America, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

November 3, 2005.

Attorney(s) appearing for the Case

The Branch Law Firm, and Turner W. Branch, Albuquerque, NM, Dottie Murphy, Wichita Falls, Law Office of Stephen Gardner, PC, and Stephen Gardner, for Appellants.

Hartline, Dacus, Barger, Dreyer & Kern, L.L.P., and Jeffrey J. Cox, Dallas, and Carpenter & Lipps LLP, and Michael H. Carpenter, Colombus, OH, for Takata Seat Belts, Inc. and TK-Taito, L.L.C.

Hartline, Dacus, Barger, Dreyer & Kern, L.L.P., and Kurt C. Kern, and David P. Stone, Dallas, for Isuzu Motors of America, Inc.

Sedgwick, Detert, Moran & Arnold LLP, and E. Paul Cauley, Jr., Dallas, for Nissan North America, Inc.

PANEL A: CAYCE, C.J.; HOLMAN and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

The sole issue we address in this appeal is whether Appellants Pete and Marcella Everett alleged an injury sufficient to establish their standing to assert certain causes of action on their own behalf and on behalf of "[a]ll persons who own a vehicle equipped with TK-52 Buckles ... that is registered in Texas, except those persons who have made claims against any defendant for personal injury damages...

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