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CATERPILLAR, INC. v. SHEARS

No. 94-1148.

911 S.W.2d 379 (1995)

CATERPILLAR, INC. and B.D. Holt Company, Petitioners, v. Cipriano SHEARS et al., Respondents.

Supreme Court of Texas.

Decided June 29, 1995.

Dissenting Opinion December 22, 1995.

Rehearing Overruled December 22, 1995.

Attorney(s) appearing for the Case

Roger W. Hughes, Harlingen, James B. Sales, Roger Townsend, Houston, William Powers, Jr., Austin, Gary Norton, Corpus Christi, for petitioners.

Michael T. Gallagher, David W. Holman, Houston, for respondents.

Dissenting Opinion by Justice Spector December 22, 1995.

GONZALEZ, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, HIGHTOWER, HECHT, CORNYN, ENOCH and OWEN, Justices, join.

This is a products liability case. Cipriano Shears, his wife and children sued Caterpillar, Inc. and B.D. Holt Company for personal injuries Shears suffered in a collision of two front-end loaders. The rollover protective structure or "ROPS" for the loader...

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