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GILMORE v. SCI TEXAS FUNERAL SERVICES, INC.

No. 10-06-00209-CV.

234 S.W.3d 251 (2007)

Jane GILMORE, Clayton Ray Pickens, Chad Daniel Pickens, and Ernest Ray Pickens, Parent and Next Friend of R.N.P., a Child, Appellants, v. SCI TEXAS FUNERAL SERVICES, INC. d/b/a Connally/Compton Funeral Directors, Inc. and A & W Industries, Inc. d/b/a Wilbert Vault Co. of North Texas, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled September 11, 2007.

Attorney(s) appearing for the Case

Greg White, Naman Howell Smith & Lee LLP, Waco, for appellants.

Michael G. Cosby, Pakis Giotes Page & Burleson PC, Jean M. Siska, Williams McClure & Parmelee, Fort Worth, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

Appellants Jane Gilmore and the Pickens family bring this appeal from a take-nothing judgment rendered in favor of a funeral home and a cemetery vault company arising from an incident at the graveside service for Pam Pickens when a lowering device failed and the casket tipped and fell to the bottom of the vault. Appellants contend in three issues that: (1) the court abused its discretion by denying their motion for new trial...

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