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Unreported Decision Favorable to Defendants, The United States Court Of Appeals For The Fifth Circuit Affirmed Summary Judgment

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June 2010

In an unreported decision favorable to the defendants, the United States Court of Appeals for the Fifth Circuit has affirmed the summary judgment earlier entered for defendants EPCO, Inc., and Raymond Toulman and the Court has denied Appellant's petition for rehearing.  Clark v. EPCO, Inc.  Plaintiff's wrongful death claim asserted defendants had negligently caused the rear-end collision that killed decedent but occurred subsequent to the overturning of defendants' tanker-trailer carrying butane.  The claim was held defective on three elements:  no duty owed to the decedent, no breach of a duty to the decedent, and no causation.