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 the manufacturer’s failure to warn rendered the machine unreasonably dangerous and that this failure was a producing cause of the plaintiff's injuries as a matter of law. The Court also held that a co‑employee's negligence cannot be considered in a third‑party products liability action when the plaintiff's injury is covered by workers' compensation, and that the trial court properly exercised its discretion in refusing a "no duty to warn" instruction.