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DEW v. CROWN DERRICK ERECTORS, INC.

No. 03-1128.

208 S.W.3d 448 (2006)

Sandy DEW, Individually and as Representative of the Estate of Paul Dew, Deceased, and Carl Dew and Doris Dew, Petitioners, v. CROWN DERRICK ERECTORS, INC., Respondent.

Supreme Court of Texas.

Decided June 30, 2006.

Attorney(s) appearing for the Case

Richard P. Hogan, Jr., Jennifer Bruch Hogan, Pillsbury Winthrop Shaw Pittman, L.L.P., Peter M. Kelly, Moore & Kelly, P.C., Nick C. Nichols, Richard J. Plezia, Abraham Watkins Nichols Sorrels Matthew & Friend, Houston, William Powers, Jr., The University of Texas School of Law, Austin, Gilbert I. "Buddy" low, Orgain Bell & Tucker, L.L.P., Beaumont, for petitioners.

David W. Holman, The Holman Law Firm, P.C., Robert Alan York, Godwin Gruber, LLP, Willie Ben Daw, III, Kyle Douglas Giacco, Daw & Ray, P.C., Houston, for respondent.

Justice MEDINA delivered a plurality opinion, joined by Chief Justice JEFFERSON, Justice O'NEILL, and Justice WAINWRIGHT.

The issue in this wrongful death and survival action is whether the trial court erred in refusing to submit an inferential rebuttal instruction on "new and independent cause." A divided court of appeals reversed and remanded for new trial, concluding that the trial court had erred in failing to submit a new and independent cause instruction because...

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