HYUNDAI MOTOR CO. v. RODRIGUEZ

No. 97-0648.

995 S.W.2d 661 (1999)

HYUNDAI MOTOR COMPANY, Hyundai Motor America, Inc., and Port City Pontiac-GMC Trucks, Inc. d/b/a Harbor Hyundai, Petitioners, v. Rowena RODRIGUEZ, by and through her next friend, Andrea RODRIGUEZ, Respondent.

Supreme Court of Texas.

Decided June 10, 1999.


Attorney(s) appearing for the Case

Ray A. Weed, Ruth G. Malinas, San Antonio, Jose E. Garcia, McAllen, William Powers, Jr., Austin, Thad D. Spalding, David M. Prichard, San Antonio, for petitioners.

David O. Gonzalez, Alice, Ramon Garcia, Edinburg, Baldemar Gutierrez, Alice, Maria Teresa Coronado, Edinburg, for respondent.


Justice HECHT delivered the opinion of the Court.

The sole question here before us is this: when claims for breach of an implied warranty and strict liability are both predicated on the dangerousness of a product's design, must the trial court ask the jury to make essentially the same factual determination separately for each legal theory? A divided court of appeals answered in the affirmative.1 We disagree.

I

Rowena...

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