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HUMBLE SAND & GRAVEL, INC. v. GOMEZ

No. 01-0652.

146 S.W.3d 170 (2004)

HUMBLE SAND & GRAVEL, INC., Petitioner, v. Raymond GOMEZ, et al., Respondents.

Supreme Court of Texas.

Decided September 17, 2004.

Attorney(s) appearing for the Case

Richard O. Faulk, Gardere & Wynne, Houston, for Amicus Curiae American Chemistry Council.

J. Wade Birdwell, Wallach Andrews Florsheim & Stouffer, P.C., Fort Worth, for Amicus Curiae Texas Association of Defense.

Dan Lambe, Austin, for Amicus Curiae Texas Watch.

Joe Michael Dodson, Dodson Law Office, P.C., Beaumont, P. Michael Jung, Strasburger & Price, L.L.P., Dallas, for petitioner.

Bob K. Monk, Lance P. Bradley, McPherson Monk Hughes Bradley Wimberley, Port Arthur, Darren Brown, John Andrew Cowan, Greg Thompson, Provost & Umphrey, Beaumont, Robert E. White, Childs Bishop & White, Odessa, Stephen D. Susman, Susman Godfrey, L.L.P., Houston, for respondent.

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

Generally, a product supplier must warn expected users of foreseeable risks that make the product unreasonably dangerous,1 but a supplier need not warn of risks that are common knowledge,2 and when the product is supplied through an intermediary, a supplier...

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