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WAL-MART STORES, INC. v. MERRELL

No. 09-0224.

313 S.W.3d 837 (2010)

WAL-MART STORES, INC., Petitioner, v. Charles T. MERRELL, Sr., as Wrongful Death Beneficiary of Charles Thomas Merrell, II, Deceased, and as Representative of the Estate of Charles Thomas Merrell, II and Jane Ceverny, as Wrongful Death Beneficiary of Charles Thomas Merrell II, Deceased, Respondents.

Supreme Court of Texas.

June 18, 2010.

Attorney(s) appearing for the Case

Douglas W. Alexander, Susan S. Vance, Alexander Dubose & Townsend LLP, Austin, Jeffrey Cox, Edward Andrew Davis, Hartline, Daucus, Barger, Dreyer, Kern, L.L.P., Dallas, for Petitioner.

Gary D. Corley, Gary D. Corley, P.C., Sherman, Robert Lee Galloway, South Texas College of Law, Houston, for Respondents.

PER CURIAM.

Charles Merrell, Jr., ("Charlie") and Latosha Gibson died from smoke inhalation in the bedroom of their rented home. When police officers arrived, they found in the living room a badly burned recliner, a damaged pole-style floor lamp, and other furniture covered in soot and smoke. There were candles, melted wax, an ashtray, and a "blunt"1 on the table next to the recliner, as well...

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