timpte texas 2009

Timpte texas 2009 - 1121PXT Time of Request Wednesday Client ID/Project Name xyz Number of Lines 324 Job Number 1823:178720163 Research Information

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1 121PXT Time of Request: Wednesday, September 23, 2009 08:14:02 EST Client ID/Project Name: xyz Number of Lines: 324 Job Number: 1823:178720163 Research Information Service: Natural Language Search Print Request: Current Document: 1 Source: TX State Cases, Combined Search Terms: producing cause design defective Send to: PARISH, JUDY 2777 ALLEN PKWY STE 1000 HOUSTON, TX 77019-2165
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1 of 100 DOCUMENTS TIMPTE INDUSTRIES, INC. AND TIMPTE INC., PETITIONERS, v. ROBERT GISH AND PINNACOL ASSURANCE, RESPONDENTS NO. 08-0043 SUPREME COURT OF TEXAS 286 S.W.3d 306; 2009 Tex. LEXIS 320; 52 Tex. Sup. J. 827; CCH Prod. Liab. Rep. P18,263 March 11, 2009, Argued June 5, 2009, Opinion Delivered PRIOR HISTORY: [**1] ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS. Gish v. Timpte Indus., 2007 Tex. App. LEXIS 9411 (Tex. App. Amarillo, Nov. 30, 2007) JUDGES: JUSTICE MEDINA delivered the opinion of the Court. OPINION BY: David M. Medina OPINION [*307] Robert Gish was seriously injured when he fell from the top of a trailer into which he was attempting to load fertilizer. He [*308] 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 in Timpte's favor, but the court of appeals reversed. 2007 Tex. App. LEXIS 9411, 2007 WL 4224411 (mem. op.). Finding no defect, we reverse the court of appeals' judgment and render judgment reinstating the trial court's summary judgment. I On the morning of June 19, 2002, Robert Gish, a long haul trucker for Scott Hinde Trucking, arrived at the Martin Resources plant in Plainview, Texas, to pick up a load of ammonium sulfate fertilizer. Gish was familiar with the plant, as he had picked up fertilizer there once or twice a week for approximately the past year. That morning Gish checked his trailer, weighed it, and waited for another customer to finish loading. Gish's Peterbilt [**2] truck was hauling a forty- eight foot Super Hopper trailer manufactured by Timpte Inc., a subsidiary of Timpte Industries. 1 The Super Hopper trailer is a standard open-top, twin hopper trailer, that is loaded from above through use of a downspout or other device, and is emptied through two openings on its bottom. Once the trailer is loaded, a tarp is rolled over the top to protect its contents. 2 A ladder and an observation platform are attached to the front and rear of the trailer to allow the operator to view its contents. 1 Because the interests of Timpte Inc. and Timpte Industries are the same throughout these proceedings, we refer to them collectively as "Timpte." 2 The tarp assembly consists of two end caps--one on the front and one on the rear of the trailer--a latch plate that runs the length of the driver's side of the trailer, and seven curved metal bars that cross the trailer at approximately even intervals. These bars curve up
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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Timpte texas 2009 - 1121PXT Time of Request Wednesday Client ID/Project Name xyz Number of Lines 324 Job Number 1823:178720163 Research Information

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