Texas Supreme Court

Nobility Homes of Texas, Inc., Petitioner v. John W. Shivers, Respondents

October 5, 197721 Tex. Sup. Ct. J. 5

Summary

The Texas Supreme Court affirmed the lower courts, holding that the mobile‑home manufacturer could not be held liable for Shivers's economic loss under Restatement (Second) of Torts §402A, but could be liable under the Uniform Commercial Code’s implied warranty of merchantability and under common‑law negligence. The Court also affirmed the negligence findings supporting the economic loss award.