FtW 2006 mem water heater design

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

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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 2777 ALLEN PKWY STE 1000 HOUSTON, TX 77019-2165 1 of 100 DOCUMENTS A.O. SMITH CORPORATION AND A.O. SMITH WATER PRODUCTS
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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
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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
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FtW 2006 mem water heater design - Page 1 Time of Request:...

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