[DOWNLOAD] "Thophaus Ellerbe v. Otis Elevator Company" by Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free

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eBook details

• Title: Thophaus Ellerbe v. Otis Elevator Company
• Author : Court of Criminal Appeals of Texas
• Release Date : January 11, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This is a suit for wrongful death and survival damages arising from the death of plaintiffs son, Kenneth Allen Ellerbe, on October 19, 1973, in Harris County, Texas. The suit is based on the alleged defective design of the Otis elevator which had been designed, manufactured, and sold by the defendant. The trial court granted a motion for summary judgment which relied solely on Article 5536a, Texas Revised Civil Statutes Annotated (Vernon Supp.1980). This statute prohibits the filing of any suit for damages arising out of the defective or unsafe condition of real property or any equipment or improvement attached to such real property ten years after the substantial completion of the improvement "against any registered or licensed engineer or architect in this state performing or furnishing the design, planning, inspection of construction of any such improvement, equipment or structure or against any such person so performing or furnishing such design, planning, inspection of construction of any such improvement, equipment, or structure." Tex.Rev.Civ.Stat.Ann. art. 5536a, ? 1 (Vernon Supp.1980). The statute further provides that:

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