Finis Dean Smith and Debby Smith v. BASA Resources, Inc.

Opinion filed April 14, 2011

In The

Eleventh Court of Appeals

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No. 11-09-00339-CV

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FINIS DEAN SMITH AND DEBBY SMITH, Appellants

V

BASA RESOURCES, INC., Appellee

On Appeal from the 90th District Court

Stephens County, Texas

Trial Court Cause No. 29,590

M E M O R A N D U M O P I N I O N

Finis Dean Smith and Debby Smith brought suit against BASA Resources, Inc. for damages to their real property caused by a leak in a buried flowline and by BASA’s remedial acts. The Smiths asserted causes of action for negligence, gross negligence, negligence per se, statutory relief for the violation of a…