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SMITH v. FOODMAKER, INC.

No. 2-95-282-CV.

928 S.W.2d 683 (1996)

Joe SMITH and Georgie Smith, Individually, and as Representatives of the Estate of Timothy G. Smith, Deceased Appellants, v. FOODMAKER, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

August 8, 1996.

Attorney(s) appearing for the Case

David H. Stokes, Law Firm of David H. Stokes, Martin L. Peterson, Stephenville, for Appellant.

George S. McCall, Ellen Greer, Kern and Wooley, Irving, for Appellee.

Before RICHARDS, BRIGHAM and HOLMAN, JJ.

OPINION

BRIGHAM, Justice.

Appellants Joe and Georgie Smith ("the Smiths") contend the trial court erroneously granted a take-nothing summary judgment for appellee Foodmaker, Inc. in a wrongful death claim brought by the Smiths following the murder of their son at a Fort Worth restaurant. Because we find the sole point of error to be without merit, we affirm.

BACKGROUND

The Smiths' son Timothy worked at a Jack-in-the-Box restaurant in Fort...

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