Opinion

Sharp v. Chrysler Corporation

  • 432 S.W.2d 131
  • 1968 Tex. App. LEXIS 2916
Court
Court of Appeals of Texas
Filed
Sep 4, 1968
Status
Published
Author
Johnson
On the bench
Barron, Johnson
Cited by
46 cases
Authority
More cited than 10.4%

plaintiff is not required to exclude “an appreciable chance” that the event might have occurred in some other way—a causal connection may be inferred from a “balance of probabilities.”

How later courts described this case

  • plaintiff is not required to exclude “an appreciable chance” that the event might have occurred in some other way—a causal connection may be inferred from a “balance of probabilities.”
  • if anticipated change causes product failure defective product is established

Written by the judges who cited it.

The opinion

SAM D. JOHNSON, Justice

(concurring).

While concurring in the result reached by the majority, different reasoning for so doing dictates this opinion. The conclusive evidence in the instant record is that there was no internal tampering or work done on the encased or enclosed braking *138 unit in question. Further, if there was an unproven attempt to adjust the brakes, it is clear that such an attempt would not have caused the displacement of the type of damage observed in the internal parts of the encased or enclosed unit. Under such circumstances the reasoning used by the Supreme Court in McKisson v. Sales Affiliates, Inc., 416 S.W.2d 787 (Tex.Sup.), to a sealed container should be applicable to an encased or enclosed mechanical unit, and should carry the same inferences. See Markel v. Spencer, 5 A.D.2d 400 , 171 N.Y. S.2d 770 (1958), affirmed without opinion, 5 N.Y.2d 958 , 184 N.Y.S.2d 835 , 157 N.E.2d 713 (1959); Guagliardo v. Ford Motor Co., 7 A.D.2d 472 , 184 N.Y.S.2d 1012 (1929).

The Supreme Court cites with favor the American Law Institutes Restatement of the Law of Torts (2d Ed.) in adopting the doctrine of strict liability for this jurisdiction. McKisson v. Sales Affiliates, Inc., supra. The reasoning suggested in this concurring opinion is to give full effect to the doctrine.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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