Dubin v. Carrier Corp.

OPINION

DRAUGHN, Justice.

This is the second appeal in a wrongful death action brought by the parents of Lori Jo Dubin after she died from carbon monoxide inhalation, allegedly caused by a defective wall heater. They sued several parties in the heater’s chain of distribution, but the trial court rendered an adverse summary judgment on the basis of the 10 year statute of repose, Tex.Civ.PRAc. & Rem.Code § 16.009. The First Court of Appeals reversed. Dubin v. Carrier Corp., 731 S.W.2d 651 (1987, no writ). Upon remand the defendants adduced additional proof and procured a second summary judgment…