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BARTON v. WHATABURGER, INC.

No. 01-06-01121-CV.

276 S.W.3d 456 (2008)

Rose BARTON, Individually and as Personal Representative of the Estate of Christopher Martin Dean, Appellant, v. WHATABURGER, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Order Denying Rehearing En Banc February 13, 2009.

Attorney(s) appearing for the Case

Carl V. Crow, Carl V. Crow, P.L.L.C., Russell S. Post, David M. Gunn, Beck, Redden & Secrest, LLP, Houston, TX, for Appellant.

Hubert A. Crouch III, Court Dean Smith, Crouch & Ramey, LLP, Dallas, TX, Raul A. Gonzalez Jr., Law Office of Raul A. Gonzalez, Austin, TX, Frank Gerhardt Cawley, Whitehurst & Cawley, L.L.P., Addison, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

JANE BLAND, Justice.

This negligence case arises from the aggravated robbery of a Whataburger restaurant and the resulting murder of one of its employees on duty during the robbery. Rose Barton, individually and on behalf of the estate of her son, Christopher Dean, the Whataburger employee who was murdered, appeals the trial court's summary judgment entered in favor of Whataburger, Inc. Barton contends...

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