Timpte Industries, Inc. and Timpte Inc., Petitioners v. Robert Gish and Pinnacol Assurance, Respondents

Summary

The Texas Supreme Court reversed the court of appeals and rendered judgment reinstating a no-evidence summary judgment for trailer manufacturer Timpte, holding there is no evidence that either the Super Hopper trailer's narrow, slippery top rail or the top two rungs of its access ladders constituted design defects rendering the trailer unreasonably dangerous. Applying the long-standing risk-utility analysis, the Court found the rail's design maximizes payload under the federal 80,000-pound weight cap while the fall risk was obvious common knowledge, and the extra rungs provide structural stability and failsafe handholds. The Court also held that Timpte's Rule 166a(i) motion gave fair notice by challenging both the unreasonably-dangerous and producing-cause elements of the design defect claim. Timpte's request to revisit the rule that obvious dangers may still support design-defect liability was declined.