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NISSAN MOTOR CO. LTD. v. ARMSTRONG

No. 01-0030.

145 S.W.3d 131 (2004)

NISSAN MOTOR COMPANY LTD. a/k/a Nissan Motor Company & Nissan Motor Corporation in U.S.A., Petitioners, v. Marian ARMSTRONG, Respondent.

Supreme Court of Texas.

Decided August 27, 2004.

Rehearing Denied October 15, 2004.

Attorney(s) appearing for the Case

Craig A. Morgan, Brown McCarroll LLP, Joe R. Greenhill, Baker Botts LLP, Austin, for Amicus Curiae

P. Michael Jung, Strasburger & Price, L.L.P., Dallas, TX, Alan B. Daughtry, Vinson and Elkins, L.L.P., J. Greg Dow, John W. Teague, Houston, TX, and Robert A. Brundage, Leslie G. Landau, Bingham McCutchen LLP, San Francisco, CA, for Petitioner.

Grant Kaiser, Kaiser Firm, L.L.P., Houston, James F. Scherr, Scherr Legate Ehrlich, El Paso, Donald G. Wilhelm, Wilhelm Law Firm, Houston, for Respondent.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice JEFFERSON, Justice SMITH, and Justice WAINWRIGHT joined.

In this products liability case, the trial court erroneously admitted hundreds of reports of alleged accidents, almost all of which were hearsay and almost none of which were shown to involve defects like those alleged here. As the plaintiff's evidence and arguments at trial focused on the...

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