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PICO v. CAPRICCIO ITALIAN RESTAURANT, INC.

No. 14-04-01109-CV.

209 S.W.3d 902 (2006)

Zenon H. PICO and Paula Pico, Individually and as Parents of Jose Antonio Pico, Deceased, Esperanza Moreno, as Next Friend of Tatiana Pico, a Minor and Heir to the Estate of Jose Antonio Pico, Deceased, and The Estate of Jose Antonio Pico, Deceased, Appellants, v. CAPRICCIO ITALIAN RESTAURANT, INC., Faisal Hussein, Individually, Jack Montalbano, Individually, The Jack and Mary Montalbano Trust, Angelina Montalbano Sulgrove Trust, Camilla Montalbano Brothers Trust, Mary Ann Montalbano Turnbow Trust, Margaret Montalbano Burke Trust and Jo Ann Montalbano Piper Trust, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

December 19, 2006.

Attorney(s) appearing for the Case

Mark Lapidus, Houston, for appellants.

Armando Lopez, Bruce C. Gaible, Ruth Ellen Piller, Houston, for appellees.

Panel consists of Justices HUDSON, FROST, and SEYMORE.

OPINION

CHARLES W. SEYMORE, Justice.

In this wrongful death suit based on a premises liability theory, appellants, Zenon H. Pico and Paula Pico, Individually and as Parents of Jose Antonio Pico, Deceased, Esperanza Moreno, as Next Friend of Tatiana Pico, a Minor and Heir to the Estate of Jose Antonio Pico, Deceased, and The Estate of Jose Antonio Pico (collectively "appellants") appeal from three separate summary judgments in favor of (1) Capriccio Italian...

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