District Court, E.D. Texas July 31, 1992, Civ. A. 1:91-CV-0956 (Hogan Ex Rel. Hogan v. Malone Lumber, Inc.)

MEMORANDUM OPINION

COBB, District Judge.

On September 9, 1991, Garland Shane Hogan died in an accident at Malone Lumber Incorporated’s plant in Merryville, Louisiana where he worked. Hogan’s wife and son sued Malone Lumber in state court in Jasper, Texas for gross negligence in causing Hogan’s death. The Hogans assert causes of action under the Texas wrongful death and survival statutes, Tex.Civ.