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Jones v. CGU Insurance Company

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This is an appeal from the district court’s dismissal of a pro se, in forma pauperis lawsuit as frivolous. See Tex. Civ. Prac. & Rem. Code Ann. � 13.001 (West Supp. 2002). Because we conclude that there is no legal basis authorizing the pro se plaintiff’s claims, we will affirm.

FACTUAL BACKGROUND

Sandra Jones, who is allegedly disabled and indigent, first brought suit pro se against Crown Prince, Incorporated alleging that she purchased a can of smoked oysters manufactured by Crown Prince that made her violently ill shortly after she consumed them. She alleged that as a result of consuming the contaminated food she had to be hospitalized and has required follow-up medical care. Jones alleged that Crown Prince was strictly liable for the product it placed in the stream of commerce. She also alleged claims for breach of express warranties and breach of the implied warranties of merchantability and fitness. She sought recovery of $7500 for her medical expenses, pain and suffering, and mental anguish, as well as punitive damages. Jones filed an affidavit of inability to pay costs. She acted pro se throughout this litigation.

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