NEW TEXAS AUTO AUCTION SERVICES, L.P. d/b/a Big H Auto Auction, Petitioner
v.
Graciela GOMEZ DE HERNANDEZ, et al, Respondents.
Supreme Court of Texas.https://leagle.com/images/logo.png
Argued October 17, 2007.
Decided March 28, 2008.
Attorney(s) appearing for the Case
Scott T. Clark, Roger W. Hughes, Craig H. Vittitoe, Adams & Graham, L.L.P., Harlingen, TX, for Petitioner.
Rebecca E. Hamilton, Sumner, Schick & Hamilton, Dallas, Steve T. Hastings, Hastings Law Firm, Corpus Christi, Victor M. Carrera, Law Offices of Victor M. Carrera, P.C., Ramon Garcia, Law Offices of Tamon Garcia, P.C., Edinburg, Rosendo Almaraz Jr., Huerta Law Firm, L.L.P., Weslaco, TX, for Respondents.
Phillip Dye Jr., Vinson & Elkins, L.L.P., Houston, Brendan K. McBride, Prichard Hawkins McFarland & Young, L.L.P., San Antonio, Michael W. Dunagan, Jameson & Dunagan, P.C., Dallas, Kathleen Cassidy Goodman, Boerne, TX, for Amicus Curiae.
Supreme Court of Texas.
JUSTICE BRISTER delivered the opinion of the Court.
Auctioneers are usually neither buyers nor sellers, but agents for both.1 While they are obviously engaged in sales, the only thing they sell for their own account is their services; the items they auction are generally sold for others. In this case, the court of appeals held an auto auctioneer could be liable in both strict liability and negligence...
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