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McKISSON v. SALES AFFILIATES, INC.

No. A-11814.

416 S.W.2d 787 (1967)

L. A. McKISSON, Petitioner, v. SALES AFFILIATES, INC., Respondent.

Supreme Court of Texas.

Dissenting Opinion June 21, 1967.

Rehearing Denied July 5, 1967.

Attorney(s) appearing for the Case

Merchant & Barfield, Wayne B. Barfield, Amarillo, W. James Kronzer, Houston, for petitioner.

Simpson, Adkins, Fullingim & Hankins, John D. Curtis, Amarillo, for respondent.

NORVELL, Justice.

Section 402A of the American Law Institute's Restatement of the Law of Torts (2d Ed.), hereinafter referred to as the Torts Restatement, reads as follows:

"(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if "(a) the seller is engaged in the business...

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