Marine Creek Partners, Ltd. v. Caldwell

OPINION

JOE L. DRAUGHN, Justice (Assigned).

This is a personal injury case. The issue is whether the parties to a swing set sales contract clearly intended to confer third-party beneficiary status on the users of the swing set. We hold that they did not. Accordingly, we reverse and render judgment that appellees take nothing on their contract claims.

Richard Caldwell, a thirteen-year-old boy, was swinging on the swing set at his apartment complex when the swing came loose from the frame because the chain separated from the “S” hook. Richard broke his ankle in the fall. His parents, Steve and…