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MALEK v. MILLER BREWING CO.

No. 01-87-00246-CV.

749 S.W.2d 521 (1988)

Ray MALEK and Starla Kay Malek, Appellants, v. MILLER BREWING COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 5, 1988.

Attorney(s) appearing for the Case

Charles B. Kirklin, Brian D. Womac, H. Victor Thomas, Kirklin, Boudreaux & Joseph, Houston, for appellants.

Sam W. Cruse, Jr., Jay H. Henderson, Andrews & Kurth, Houston, for appellee.

Before EVANS, C.J., and HOYT and COHEN, JJ.

COHEN, Justice.

This summary judgment appeal requires us to decide whether a brewer may be held liable for injuries caused by a drunk driver, because its beer cans bore no warning about the danger of intoxication and gave no instructions on the safe use of its product. We hold that the brewer had no duty to warn, and therefore is not liable.

Appellant, Ray Malek, was injured in an automobile accident with Lee Kathryn

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