EMERSON ELEC. CO. v. JOHNSON

No. 18-1181.

627 S.W.3d 197 (2021)

EMERSON ELECTRIC CO. d/b/a Fusite and Emerson Climate Technologies, Inc., Petitioners, v. Clarence JOHNSON, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: April 16, 2021.

Rehearing Denied September 3, 2021.


Attorney(s) appearing for the Case

Jeffrey S. Reddall , Sugar Land, for Intervenor.

Ethan L. Shaw , Austin, Larry E. Cotten , Fort Worth, Erin H. Huber , David M. Gunn , Houston, Adam K. Peck , Melody H. Eagan , Matthew Riley , Austin, Jason P. Steed , Dallas, for Petitioners.

James R. Hines , for Amicus Curiae Texas Association of Business.

William A. Worthington , Clare Gibbons , for Amicus Curiae PLAC, Inc. f/k/a the Product Liability Advisory Council.

Painela Stanton Baron , for Amici Curiae The Chamber of Commerce of the United States of America, The Chamber of Commerce of the United States of America.

Shannon Hays , Dallas, John C. Bush , Joseph Cecere , Andrew Lee Payne , Houston, John S. Jose , Fort Worth, Stefanie Bradshaw , Dallas, Jeffrey S. Levinger , Todd Harlin Ramsey , for Respondent.


For over a decade, an electric terminal manufacturer made two functionally identical terminals for essentially the same cost. The difference was that the older of the two designs was significantly more susceptible to catastrophic failure. A corporate affiliate of the terminal maker elected to use...

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