Legal Opinion
Winkler v. Kirkwood Atrium Office Park
Court of Appeals of Texas
Decided September 19, 1991No. A14-90-016-CVPublishedCited by 27 opinions
1Opinion of the Court
OPINION ON MOTIONS FOR REHEARING
JUNELL, Justice.
On motions for rehearing, we withdraw our opinion of April 4, 1991 and substitute the following therefor.
The widow and children of John F. Wink-ler appeal from a summary judgment adversely disposing of their wrongful death and survival claims against the various individuals and entities involved in the operation of a fitness center where Winkler suffered a fatal heart attack following an exercise workout. Described as an obese smoker and heavy drinker, age 45, Winkler joined the fitness center at the advice of his doctor to exercise and lose…
2Cases cited10 opinions
- Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
- Casso v. BrandTexas Supreme Court · 1989
- Stone v. Lawyers Title Ins. Corp.Texas Supreme Court · 1977
- Nichols v. SmithTexas Supreme Court · 1974
- McMillen v. KlingensmithTexas Supreme Court · 1971
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Labatt Food Service, L.P.Texas Supreme Court · 2009
- Newman v. Tropical Visions, Inc., Texas Court of Appeals, 4th District (San Antonio)1994
- Vera v. North Star Dodge Sales, Inc., Texas Court of Appeals, 4th District (San Antonio)1999
- Derr Construction Co. v. City of HoustonCourt of Appeals of Texas · 1992
- Huffine v. Tomball Hospital Authority, Texas Court of Appeals, 14th District (Houston)1998
22 more not listed; retrieve them via the Exa API.