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JENKINS v. OCCIDENTAL CHEMICAL CORP.

No. 01-09-01140-CV.

415 S.W.3d 14 (2013)

Jason JENKINS, Appellant, v. OCCIDENTAL CHEMICAL CORPORATION, Appellee.

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

Rehearing En Banc Overruled October 22, 2013.

Attorney(s) appearing for the Case

Kurt B. Arnold , Cory Daniel Itkin , Arnold & Itkin, LLP, David M. Gunn , Russell S. Post , Stephen Douglas Ptitchett , Beck, Redden & Secrest LLP, Houston, TX, for Appellant.

Barry Nathan Beck , Reagan Lee Butts , David Wayne Lauritzen , Cotton, Bledsoe, Tighe & Dawson, P.C., Midland, TX, Deborah G. Hankinson , Hankinson LLP, Dallas, TX, Karen Kay Maston , Johnson, Trent, West & Taylor, LLP, Houston, TX, Hubert Osford III , Benckenstein & Oxford, LLP, Beaumont, TX, for Appellee.

Panel consists of Justices JENNINGS, SHARP and BROWN.

OPINION ON FURTHER REHEARING

HARVEY BROWN, Justice.

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins's face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental's favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial...

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