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LONE STAR GAS CO. v. LEMOND

No. 94-0525.

897 S.W.2d 755 (1995)

LONE STAR GAS COMPANY, An Unincorporated Division of Enserch, Inc., Petitioners, v. Phares E. LEMOND, Individually and as Surviving Spouse of Nova Ellen Lemond, and as Independent Executor of the Estate of Nova Ellen Lemond, Deceased; Phares E. Lemond, Jr.; and William Clark Lemond, Respondents.

Supreme Court of Texas.

Rehearing Overruled June 8, 1995.

Attorney(s) appearing for the Case

Eric Archer, Dallas, Robert Q. Keith and Thomas H. Walston, Johnson City, Glynn Purtle, Wichita Falls, Amy Keith, Johnson City, Richard L. Howell, Dallas, for petitioner.

Jeffrey H. Kobs and David L. Evans, Fort Worth, Dottie Murphy, Wichita Falls, David E. Keltner and Richard C. DeBerry, Fort Worth, Larry Cain, Sherman, for respondents.

PER CURIAM.

The court of appeals held in this case that it was reversible error for the trial court to add the following sentence to the standard jury charge for marketing defects: "A seller's duty to warn arises only where the dangers to be warned of are reasonably foreseeable and are such that a consumer cannot reasonably be expected to be aware of them." 897 S.W.2d 378. We disagree because, under the record before us, any error...

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