law-breach-of-warranty | implicit implied warranty | express warranty |
TEXAS SUPREME COURT DECISIONS:
BREACH OF WARRANTY AND OTHER WARRENTY CASES
JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. June 27, 2008) (Opinion by Justice David Medina)
(UCC breach of implied warranty claim in PI, death case a tort for purposes of comparative responsibility
statute; recovery barred)
JCW ELECTRONICS, INC. v. PEARL IRIZ GARZA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF
ROLANDO DOMINGO MONTEZ, DECEASED, AND BELINDA LEIGH CAMACHO, INDIVIDUALLY AND AS
NEXT FRIEND OF ROLANDO KADRIC MONTEZ, A MINOR CHILD; from Cameron County; 13th district
(13-02-00577-CV, 176 SW3d 618, 10-13-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice David Medina delivered the opinion of the Court.
Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined.
Medical City Dallas, Ltd. v. Carlisle Corp., No. 06-0660 (Tex. Apr. 11, 2008)(Jefferson) (breach of express
warranty claim, entitlement to attorney's fees)
MEDICAL CITY DALLAS, LTD. v. CARLISLE CORPORATION D/B/A CARLISLE SYNTEC
SYSTEMS; from Dallas County; 5th district (05-04-00157-CV, 196 S.W.3d 855, 06-27-06)
The Court reverses in part the court of appeals' judgment and reinstates the trial court's judgment.
Chief Justice Jefferson delivered the opinion of the Court.
(Justice Hecht not sitting)
DENIED PETITIONS - COURT OF APPEALS CASES
RONALD PUGH AND BETTY PUGH v. GENERAL TERRAZZO SUPPLIES, INC.; from Harris County; 1st
district (01-06-00449-CV, 243 SW3d 84, 07-12-07, pet. denied June 2008) (construction law, economic
loss doctrine breach of implied warranties, negligence and strict liability claims)