April 26, Decided and Filed:
Court of Civil Appeals of Texas, Eastland. Rehearing Denied November 13, The issue in this strict liability case is whether the manufacturer and seller of paint has a duty to warn the user that dried paint should not be removed by the use of gasoline near an open flame.
We hold there is no such duty. Some paint spilled on the apartment floor and dried. A number of days later, Sherry Northern and Sharon Gayle Johnson attempted to remove the dried paint spots by pouring gasoline on the floor. The gasoline fumes came in contact with the open flame of a pilot light and exploded.
Sherry Northern died as a result of her injuries.
The trial court granted the motion for summary judgment filed by Jones-Blair Paint Company. They argue that the defendant had a duty to warn users of the paint of reasonably foreseeable dangers likely to occur while a user is cleaning up spilled paint.
Section A provides in part: Section A expressly provides that the "product" must be in a "defective" condition "unreasonably dangerous" to the user.
A lack of warning may constitute the necessary defect.
Technical Chemical Company v. Nevertheless, it is essential that the lack of warning render the product unreasonably dangerous. In the instant case, the product paint is not unreasonably dangerous in the absence of the warning urged by plaintiffs.
The dried paint spots did not explode. The explosion resulted from the use of a product gasoline supplied by a seller other than Jones-Blair. Comment i under Section A states clearly that strict liability applies only where the defective condition of the product makes it unreasonably dangerous to the user or consumer.
The comment states, " T he article sold must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics. In Technical Chemical Company v.
Jacobs, supra, the inadequate warning resulted in the "product" exploding "like a stick of dynamite. The user in Bristol-Myers Company v. It is obvious in each of the cited cases that the product itself was unreasonably dangerous.
Acme Products Company v. The paint was not in a defective condition unreasonably dangerous to the user and, therefore, there was no duty upon the seller to give the warning urged by plaintiffs. To hold otherwise would place a duty upon the manufacturers of many marking products, such as crayons and fountain pens, to warn consumers not to use gasoline near an open flame in removing any unwanted marks.
We decline to extend the duty of a seller or manufacturer to this extent.
We have considered all points of error, and all are overruled.Jones Blair's business is high quality paints with high quality service. This differentiation allows them to charge higher prices.
Customers that buy this paint are obviously less . Beckles v. United States was a case argued during the October term of the U.S.
Supreme monstermanfilm.comnt in the case was held on November 28, On March 6, , in an opinion by Justice Clarence Thomas, the court unanimously affirmed the judgment of the Eleventh Circuit Court of monstermanfilm.come Elena Kagan took no part in the consideration or disposition of the case.
Taylor, S.W.2d , (Tex. ), a case that directly supports Haughton and LaCrosse's position. In Fuqua, the court affirmed the principle that the fiduciary duties of a joint venture "extend only to dealings within the scope of that venture.".
IN THE SUPREME COURT OF THE UNITED STATES BRIEF FOR THE PETITIONER ═════════════════════════ BEAU B.
BRINDLEY Counsel of Record JOSHUA J. JONES BLAIR T. WESTOVER Law Offices of Beau B. Brindley 53 . Law School Case Briefs If you want a trite 20 second explanation about the law, and most law students do, do not read anything we publish.
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