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TIMPTE INDUSTRIES, INC. v. GISH

No. 08-0043.

286 S.W.3d 306 (2009)

TIMPTE INDUSTRIES, INC. and Timpte Inc., Petitioners, v. Robert GISH and Pinnacol Assurance, Respondents.

Supreme Court of Texas.

Decided June 5, 2009.

Attorney(s) appearing for the Case

Gary M. Bellair, Robert L. Craig Jr. and Leonard Raymond Grossman, Craig Terrill Hale & Grantham, L.L.P., Lubbock, TX, for Petitioner.

James Hoytt Wood, Wood Law Firm, L.L.P., Amarillo, TX, Michael L. Byrd, Byrd & Associates, Lubbock, TX, and Blake Bradford Thompson, The Thompson Law Office, Stephenville, TX, for Respondent.

Justice MEDINA delivered the opinion of the Court.

Robert Gish was seriously injured when he fell from the top of a trailer into which he was attempting to load fertilizer. He sued Timpte Industries, the manufacturer of the trailer, alleging, among other things, that several features of the trailer were defectively designed, rendering the trailer unreasonably dangerous. The trial court granted a no-evidence summary judgment...

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