UNIROYAL GOODRICH TIRE CO. v. MARTINEZ

No. 95-1159.

977 S.W.2d 328 (1998)

UNIROYAL GOODRICH TIRE COMPANY, Petitioner, v. Roberto O. MARTINEZ and Juanita Martinez, Individually and as next friends of Robert Martinez, Jr., and John Mathew Martinez, Minors, Respondents.

Supreme Court of Texas.

Decided October 15, 1998.

Rehearing Overruled November 12, 1998.


Attorney(s) appearing for the Case

John B. Kyle, Jack Pew, Jr., Dena L. Mathis, Frank C. Vecella, Dallas, for Petitioner.

Steve T. Hastings, Corpus Christi, Todd W. White, Rockwall, Karen Kennedy, Corpus Christi, Revecca E. Hamilton, Rockwall, Guy H. Allison, Corpus Christi, for Respondents.


PHILLIPS, Chief Justice, delivered the opinion of the Court, in which GONZALEZ, SPECTOR, ABBOTT and HANKINSON, Justices, join.

Petitioner's motion for rehearing is overruled. We withdraw our opinion of July 3, 1998, and substitute the following opinion.

We must decide whether a manufacturer who knew of a safer alternative product design is liable in strict products liability for injuries caused by the use of its product that the user could have avoided by...

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