Texas Supreme Court
General Motors Corporation, Petitioners v. R. M. Hopkins, Jr., Respondent
February 23, 197720 Tex. Sup. Ct. J. 191
Summary
The Texas Supreme Court affirmed the judgment for Hopkins, holding that a plaintiff's misuse of a product is not a defense to strict products liability when the product's defect is a producing cause of the injury. The Court further explained that when misuse is a concurring cause, the plaintiff's recovery may be reduced proportionally to the extent the misuse contributed to the harm, but no reduction was ordered here because the evidence did not establish a percentage. The decision rests on the jury's findings of a design defect in the carburetor and the lack of sufficient proof that Hopkins' alterations were the proximate cause of the accident.