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LIVING CENTERS OF TEXAS, INC. v. PENALVER

No. 06-0929.

256 S.W.3d 678 (2008)

LIVING CENTERS OF TEXAS, INC., Cyndi Brown, LNFA, and Kimberly Bordovsky, DON, Petitioners, v. Augustine PEÑALVER, Individually and as Independent Executor of the Estate of Maria Belia Peñalver, Deceased, and Ramon Peñalver, Respondents.

Supreme Court of Texas.

January 25, 2008.

Attorney(s) appearing for the Case

Diana L. Faust, R. Brent Cooper, Devon J. Singh, Cooper & Scully, P.C., Dallas TX, Thomas A. Countryman, Fulbright & Jaworski L.L.P., San Antonio TX, Lori Campione Ferguson, Hanson Bridgett Marcus Vlahos & Rudy LLP, Sacremento CA, for Petitioners.

George W. Mauze II, Mauze Law Firm, San Antonio TX, for Respondents.

PER CURIAM.

Living Centers of Texas, Inc., defendant in a wrongful death suit, stipulated liability. During final argument of the trial on damages, plaintiff's counsel compared Living Centers' lawyer's attempts to minimize damages to a World War II German program in which elderly and infirm persons were used for medical experimentation and killed. Concluding that the jury argument was improper and incurable, we reverse and remand for a new trial.

Belia Pe...

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