Texas Supreme Court

Louis Magro, Jr., Petitioner v. Ragsdale Brothers, Inc., Respondent

November 5, 198630 Tex. Sup. Ct. J. 48

Summary

The Texas Supreme Court affirmed the trial court's judgment, holding that Ragsdale Brothers' failure to warn made the bodymaker unreasonably dangerous and that this failure was a producing cause of Magro's injuries as a matter of law; the court also held that the presumption that a user would heed warnings was not rebutted, that a co‑employee's negligence cannot be considered for contribution under workers' compensation, and that the trial court properly refused a "no duty to warn" instruction. Justice Gonzalez filed a concurring and dissenting opinion and Justice Ray filed a separate concurrence, both noted in the summary.