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K-2, INC. v. FRESH COAT, INC.

No. 09-06-251 CV.

253 S.W.3d 386 (2008)

K-2, INC., Appellant, v. FRESH COAT, INC., Appellee.

Court of Appeals of Texas, Beaumont.

Decided April 17, 2008.

Attorney(s) appearing for the Case

Thomas C. Wright, Michael Choyke, R. Russell Hollenbeck, Julia Kurtz Dean, Lucy Forbes, Wright, Brown & Close, LLP, Houston, William V. Dorsaneo, III, Dallas, for appellant.

Robert H. Bateman, Adam Brett Chambers, Bateman Pugh, P.L.L.C., Kevin D. Jewell, Chamberlain, Hrdlicka, White, Williams & Martin, Robert A. Plessala, Cokinos Bosien Young, Houston, Craig T. Enoch, Winstead, Sechrest & Minick, Austin, for appellees.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.

OPINION

DAVID GAULTNEY, Justice.

The trial court signed a judgment based on a jury verdict in favor of Fresh Coat, Inc. against K-2, Inc. (a/k/a Finestone) under the Products Liability Act. See TEX. CIV. PRAC. & REM.CODE ANN. §§ 82.001-008 (Vernon 2005 & Supp.2007). A builder, Life Forms Homes, Inc., had contracted with Fresh Coat for Fresh Coat's installation of Finestone's synthetic stucco cladding (EIFS)1

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