[DOWNLOAD] "Peggy Anderson v. Hodge Boats & Motors" by Ninth District, Beaumont No. 09-90-144 CV Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Peggy Anderson v. Hodge Boats & Motors
- Author : Ninth District, Beaumont No. 09-90-144 CV Court of Appeals of Texas
- Release Date : January 29, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal from the granting of a summary judgment. Appellants sued Hodge Boats & Motors, Inc. (""Hodge"") and others, alleging negligence, products liability, and gross negligence. A boat sold by Hodge to George Anderson's predecessor in title sank while George and Peggy Anderson were boating. George Anderson drowned. His wife survived. Hodge answered the suit with allegations that it had been dissolved before the date of the accident and more than three years prior to suit being filed against it. Hodge filed a motion for summary judgment alleging appellants sued it at a time when it no longer existed and the claims arose subsequent to its dissolution. The trial court granted the motion, entered judgment, and severed the summary judgment from the remainder of the suit. Appellants raise four points of error. Appellants argue the first three points together. Point of error one complains the trial court erred in granting summary judgment because TEX. BUS. CORP. ACT ANN. art. 7.12 (Vernon Supp. 1991) is inapplicable to post-dissolution personal injury or death claims against a corporation when the claims are brought within the applicable statute of limitations. Point of error two contends application of Business Corporation Act Article 7.12 to post-dissolution personal injury or death claims brought within the limitation period violates TEX. CONST. art. I, ?? 13, 15. Point of error three avers Hodge failed to show an alternative method of redress exists and there is no other forum to which appellants may appeal for recompense of their injuries due to Hodge's acts.
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