Legal Opinion
Ellerbe v. Otis Elevator Co.
Court of Appeals of Texas
Decided June 11, 1981No. 17939PublishedCited by 68 opinions
1Opinion of the Court
COLEMAN, Chief Justice.
This is a suit for wrongful death and survival damages arising from the death of plaintiff’s 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…
2Cases cited14 opinions
- Silver v. SilverSupreme Court of the United States · 1929
- Rosenberg v. Town of North BergenSupreme Court of New Jersey · 1972
- Freezer Storage, Inc. v. Armstrong Cork Co.Supreme Court of Pennsylvania · 1978
- City of Dallas v. TrammellTexas Supreme Court · 1937
- Burmaster v. Gravity Drainage Dist. No. 2Supreme Court of Louisiana · 1978
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3Cited by68 opinions
- Zapata v. BurnsSupreme Court of Connecticut · 1988
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- Sonnier v. Chisholm-Ryder Co., Inc.Texas Supreme Court · 1995
- Whiting-Turner Contracting Co. v. CoupardCourt of Appeals of Maryland · 1985
- Krull v. THERMOGAS CO. OF NORTHWOOD IA.Supreme Court of Iowa · 1994
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