ALLSTATE INS. CO. v. DISABILITY SERV. OF SOUTHWEST

No. 03-21197.

400 F.3d 260 (2005)

ALLSTATE INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellee, v. DISABILITY SERVICES OF THE SOUTHWEST INC.; Gail Lofton, Personal Representative of the Estate of Kenneth Ray Lofton; Gail Lofton as next friend of Kena Lofton and Sylvester Lofton, minors, Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 2005.


Attorney(s) appearing for the Case

Richard P. Colquitt (argued), Fulbright & Jaworski, Houston, TX, for Allstate Ins. Co.

Timothy Dennis Riley (argued), Riley Law Firm, Houston, TX, Suzanne Pickering, Curney, Garcia, Farmer, Pickering & House, San Antonio, TX, for Disability Services of the Southwest Inc. and Lofton.

Before HIGGINBOTHAM, DAVIS and GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

This insurance dispute arises out of the death of Kenneth Ray Lofton ("KRL"), a quadriplegic, while in the care of Disability Services of the Southwest Inc. ("DSSW"). KRL's family ("the Lofton family") sued DSSW, claiming that DSSW was negligent in its provision of medical care to KRL and in its failure to provide KRL with a usable telephone and emergency response device (collectively "communication devices") for emergencies. Allstate...

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