Elzie Pauline Rourke v. Adolph O. Garza, Respondent

Summary

The Texas Supreme Court affirmed the judgment in favor of plaintiff Garza, holding that Rourke Rental is strictly liable for supplying scaffold boards without cleat-type devices that rendered the boards unreasonably dangerous. The Court also affirmed that Har-Con's superintendent lacked apparent authority to bind the company to the indemnity provision, so the trial court's judgment non obstante veredicto was proper. A dissent argued that the boards were not defective and that strict liability should not apply. The Court’s decision rests on product liability and agency law principles.