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JCW ELECTRONICS, INC. v. GARZA

No. 05-1042.

257 S.W.3d 701 (2008)

JCW ELECTRONICS, INC., Petitioner, v. Pearl Iriz GARZA, Individually and on behalf of the Estate of Rolando Domingo Montez, Deceased, and Belinda Leigh Camacho, Individually and as next friend of Rolando Kadric Montez, a Minor Child, Respondents.

Supreme Court of Texas.

Decided June 27, 2008.

Attorney(s) appearing for the Case

Thomas F. Nye, Robert William Clore, Vidaurri, Lyde, Gault & Quintana, L.L.P., Linda C. Breck, Corpus Christi, TX, Thomas Sullivan, Brin & Brin, P.C., Brownsville, TX, Tamara Rodriguez, Rodriguez Legal Group, Edinburg, TX, for Petitioner.

Benigno Martinez III, Tony Martinez, Martinez Barrera Y Martinez, L.L.P., A.C. Nelson, Brownsville, Jane M.N. Webre, Scott Douglass & McConnico, L.L.P., Austin, TX, for Respondent.

Greg White, Naman, Howell, Smith & Lee LLP, Waco, TX, for Amicus Curiae.

Justice MEDINA delivered the opinion of the Court.

Chapter 33 of the Texas Civil Practice and Remedies Code apportions responsibility among those responsible for damages in "any cause of action based on tort." TEX. CIV. PRAC. & REM.CODE § 33.002(a)(1). In this appeal, we are asked whether a claim for breach of implied warranty under article 2 of the Texas Uniform Commercial Code1 is a tort claim to which Chapter 33's apportionment...

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