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MCI SALES AND SERVICE, INC. v. HINTON

No. 10-06-00256-CV.

272 S.W.3d 17 (2008)

MCI SALES AND SERVICE, INC., f/k/a Hausman Bus Sales, Inc., and Motor Coach Industries Mexico, S.A. de C.V., f/k/a Dina Autobuses, S.A. de C.V., Appellants, v. James HINTON, Individually and as Representative of The Estate of Dolores Hinton, Deceased, et al., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled December 9, 2008.

Attorney(s) appearing for the Case

Thomas C. Wright, Wright Brown & Close LLP, Daryl G. Dursum, Adams & Reese LLP, Houston, John C. Dacus, Hartline Dacus Barger Dreyer & Kern, Dallas, Jim Dunnam, Dunnam & Dunnam LLP, Waco, Darrell L. Barger, Barger & Moss LLP, Corpus Christi, for appellants.

Andrew L. Kerr, Strasburger & Price LLP, San Antonio, Stephen E. Harrison, Campbell Cherry Harrison Davis & Dove, David C. Alford, Alford & Gassaway PC, Waco, Thomas K. Brown, Fisher Boyd Brown Boudreaux & Huguenard, Houston, Timothy M. Sulak, Morris Craven & Sulak LLP, Austin, Jack R. Crews, Baird Crews Schiller & Whitaker PC, Temple, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

The appeal of this products liability case primarily raises issues of federal preemption, legal sufficiency of the evidence, and proportionate responsibility. Finding that the trial court abused its discretion by not asking the jury to find the bus driver's or his employer's proportionate responsibility as settling parties, we will reverse and remand.

I. Background

This "crashworthiness" case arises from an...

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