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MAYER v. WILLOWBROOK PLAZA LTD. PARTNERSHIP

No. 14-07-00358-CV.

278 S.W.3d 901 (2009)

Tracy MAYER, as Next Friend of Tyler Lee Mayer, a Minor, Diane Messimer, Individually and as Personal Representative of the Estate of Shaun Messimer, Deceased, and Kathleen and Salvatore M. Ciaramitaro, Individually and as Personal Representatives of the Estate of Michael Ciaramitaro, Deceased, Appellants v. WILLOWBROOK PLAZA LIMITED PARTNERSHIP d/b/a Willowbrook Plaza, PPG Venture I Limited Partnership, ERMC, ERMC LP, ERMC LP d/b/a ERMC Security, ERMC II, LP d/b/a ERMC Security, CBL/GP, Inc., CBL & Associates, Inc., CBL & Associates Properties, Inc., CBL & Associates Limited Partnership, and CBL & Associates Management, Inc., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

February 19, 2009.

Attorney(s) appearing for the Case

Brad Beers, Craig Lewis, Houston, TX, for appellants.

H. Dwayne Newton, William C. Book, Jr., William Book, Leann Kay, Houston, TX, for appellees.

Panel consists of Chief Justice HEDGES, Justice BOYCE and Senior Justice PRICE.

OPINION

WILLIAM J. BOYCE, Justice.

This appeal addresses defense summary judgments granted in wrongful death and survival actions brought by appellants, Tracy Mayer, as next friend of Tyler Lee Mayer, a minor; Diane Messimer, individually and as personal representative of the estate of Shaun Messimer, deceased; and Kathleen and Salvatore M. Ciaramitaro, individually and as personal representatives of the estate of Michael Ciaramitaro, deceased. We affirm...

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