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GARCIA v. BRK BRANDS, INC.

No. CIV.A. B-98-186.

266 F.Supp.2d 566 (2003)

Jose GARCIA, Individually and Idalia Garcia, Individually and as Representative of the Estate of Manuel Cruz, Deceased, and Cynthia Cox as Next Best Friend of Brittany Cox, Plaintiffs, v. BRK BRANDS, INC., Defendant.

United States District Court, S.D. Texas, Brownsville Division.

May 27, 2003.

Attorney(s) appearing for the Case

Ray R. Marchan, Watts Law Firm, L.L.P., Brownsville, Juan Gonzalez, Law Offices of Mark Cantu, McAllen, for Petitioner.

Rene O. Oliveira, Elizabeth G. Neally, Roerig, Oliveira & Fisher, L.L.P., Brownsville, Robert W. Hayes, James Heller, Terry M. Henry, Cozen O'Connor, Philadelphia, PA, for Respondent.

ORDER GRANTING SUMMARY JUDGMENT

HANEN, District Judge.

Manuel Cruz (hereinafter "Cruz") died in December 1997 when his improperly fueled and inadequately vented space heater malfunctioned and filled his home with a fatal concentration of carbon monoxide as well as a substantial amount of particulate matter (smoke and soot). Cruz's estate, his mother, his daughter, and his mother's husband brought this products liability action against BRK Brands, Inc. (hereinafter...

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