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PHILLIPS v. THE DOW CHEMICAL CO.

Nos. 01-03-00107-CV, 01-03-00451-CV.

186 S.W.3d 121 (2005)

Charles PHILLIPS, Individually and as Administrator of the Estate of Angelia Stewart, Deceased; Jim Stewart; and Randy and Teresa Stephens, as Guardians for Sharlotte Marie Stewart, A Minor Child, Appellants, v. THE DOW CHEMICAL COMPANY, Appellee. Charles Phillips, Individually, Appellant, v. Sulzer Chemtech USA, Industrial Specialists, Inc., and Altair Strickland, L.L.P., f/k/a Altair Strickland, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

November 30, 2005.

Attorney(s) appearing for the Case

Darrin M. Walker, Law Offices of Darrin Walker, Kingwood, TX, for Appellants.

John R. Gilbert, Gilbert & Gilbert, Angleton, TX, for Appellee in No. 1-03-00107-CV.

Joseph W. Gagnon, Russell Ramsey, Kathryn P. Anderson, Norman Edward Snyder Jr., Houston, TX, Jerry Ewing, Dallas, TX, appellees in No. 01-03-00451-CV.

Panel consists of Chief Justice RADACK and Justices KEYES and ALCALA.

OPINION

ELSA ALCALA, Justice.

Angelia Stewart (Stewart) died when she fell from scaffolding on a worksite. Charles Phillips, who contended that he was Stewart's husband, asserted wrongful-death claims on his own behalf and a survival claim on behalf of Stewart's estate.1 Jim Stewart, Stewart's father, also sought recovery for wrongful death and as a bystander, due to his presence...

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