FtW 2006 mem water heater design

FtW 2006 mem water heater design - Page 1 Time of Request...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Page 1 121PXT Time of Request: Sunday, September 27, 2009 06:51:48 EST Client ID/Project Name: xyz Number of Lines: 202 Job Number: 1842:179390055 Research Information Service: Natural Language Search Print Request: Current Document: 1 Source: TX State Cases, Combined Search Terms: "alternative design" products liability Send to: PARISH, JUDY FUNDERBURK & FUNDERBURK, LLP 2777 ALLEN PKWY STE 1000 HOUSTON, TX 77019-2165 1 of 100 DOCUMENTS A.O. SMITH CORPORATION AND A.O. SMITH WATER PRODUCTS
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Page 2 COMPANY, A DIVISION OF A.O. SMITH CORPORATION, APPELLANTS v. SETTLEMENT INVESTMENT MANAGEMENT D/B/A MARINA DEL REY APARTMENTS, APPELLEE NO. 2-04-270-CV COURT OF APPEALS OF TEXAS, SECOND DISTRICT, FORT WORTH 2006 Tex. App. LEXIS 715 January 26, 2006, Delivered PRIOR HISTORY: [*1] FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY. COUNSEL: For APPELLANT: ROGER M. YALE, DENTON, TX., CRIVELLOW CARLSON AND MENTKOWSKI, JOHN T. JUETTNER, MILWAUKEE, WI. For APPELLEE: GOINS, UNDERKOFLER, CRAWFORD 7 LANGDON, LLP, JOHN C. TOLEFSON, STEPHEN A. MELENDI, DALLAS, TX. JUDGES: PANEL B: LIVINGSTON, GARDNER, and WALKER, JJ. OPINION BY: ANNE GARDNER OPINION MEMORANDUM OPINION 1 1 See TEX. R. APP. P. 47.4. I. Introduction This products liability case concerns a commercial water heater that overheated and set fire to an apartment building. Appellants, A.O. Smith Corp. and A.O. Smith Water Products Co. (collectively, "A.O. Smith"), complain that the trial court erred by denying their motion for judgment notwithstanding the verdict because there is no evidence that the alternative designs proposed by Appellee, Settlement Investments d/b/a Marina Del Rey, were economically feasible, and no evidence that the alternative designs would not pose an equal or greater risk of harm under other circumstances. We affirm. II. Factual and procedural background The following facts were stipulated [*2] at trial. On June 2, 2000, a fire damaged the Marina Del Rey Apartments in Grapevine. The fire started when hot gasses burned through the insulation on a commercial water heater installed at the apartments. A.O. Smith manufactured the water heater. The fire caused $ 160,383.88 of damage in the form of repair costs and lost rental income. Marina Del Rey sued A.O. Smith for products liability and negligence. The case was tried to a jury. The jury found that a design defect in the water heater was a producing cause of the damages in question. The trial court rendered judgment for Marina Del Rey. III. Analysis
Image of page 2
Page 3 In two issues, A.O. Smith argues that there is no evidence that the alternative designs proposed by Marina Del Rey were economically feasible and no evidence that the alternative designs would not pose an equal or greater risk of harm under other circumstances. A. Standard of review A trial court may disregard a jury verdict and render judgment notwithstanding the verdict ("JNOV") if no evidence supports the jury finding on an issue necessary to liability or if a directed verdict would have been proper. See TEX. R.
Image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern