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TRAMMELL CROW CENT. TEXAS v. GUTIERREZ

No. 04-05-00056-CV.

220 S.W.3d 33 (2006)

TRAMMELL CROW CENTRAL TEXAS, LTD., Appellant, v. Maria GUTIERREZ, Individually and as Next Friend of Andrew Martinez; Christopher Martinez; and Alex Martinez; and Karol Ferman, Individually and as Next Friend of Luis Angel Gutierrez, Appellees.

Court of Appeals of Texas, San Antonio.

December 20, 2006.

Attorney(s) appearing for the Case

W. Wendell Hall, Lara Johnson, Rosemarie Kanusky, Fulbright & Jaworski L.L.P., San Antonio, for appellant.

Kimberly S. Keller, The Keller Law Firm, San Antonio, Joe B. Stephens, The Stephens Law Firm, Katy, for appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.

EN BANC OPINION

Opinion by SANDEE BRYAN MARION, Justice.

The Quarry Market is a 53-acre shopping mall located in San Antonio, which in 2002 was managed by Trammell Crow Central Texas, Ltd. On February 18, 2002 at approximately 12:30 a.m., Luis Gutierrez and his pregnant wife, Karol Ferman, were leaving a movie theater located in the Quarry Market, when Karol heard a gunshot. Turning toward the sound, Karol saw the shooter, dressed in black with a black hood...

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