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GMC v. SAENZ ON BEHALF OF SAENZ

No. D-2578.

873 S.W.2d 353 (1993)

GENERAL MOTORS CORPORATION, Petitioner, v. Maria G. SAENZ, on Behalf of her Minor Children, Ricardo SAENZ, Jr. and Isaiah Saenz, and on behalf of the Estate of Ricardo Saenz, Sr.; Gloria Ramirez, Individually and on behalf of her Minor Children, Jackie Lee Ramirez, Josue Ramirez, Jr., and Jose Angel Ramirez, and on behalf of the Estate of Josue Ramirez, Sr.; Belia Saenz; Jose Ramirez, Sr. and Maximina Ramirez, Respondents.

Supreme Court of Texas.

Dissenting Opinion December 8, 1993.

Rehearing Overruled May 11, 1994.

Attorney(s) appearing for the Case

Royal H. Brin, Jr., Dallas, David M. Heilbron, Leslie G. Landau, San Francisco, CA, Charles W. Hury, McAllen, for petitioner.

Ramon Garcia, Edinburg, Phil Harris, Weslaco, Victor M. Carrera, McAllen, Thomas O. Matlock, Jr., Mission, Robert L. Guerra, McAllen, Horacio Pena, Mission, Felipe Garcia, Jr., Edinburg, Robert B. Luther, Max J. Luther, III, P.C. & Associates, Austin, for respondents.

Dissenting Opinion of Justice Gammage December 8, 1993.

OPINION

HECHT, Justice.

The principal issue we address is whether a manufacturer's failure to give adequate instructions for the safe use of its product can be the cause of an injury which would not have occurred if the instructions the manufacturer did give had not been ignored. The trial court rendered judgment against the manufacturer in this case, and a divided court of appeals affirmed...

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