Texas Supreme Court
Caterpillar, Inc. and B.d. Holt Company, Petitioners v. Cipriano Shears, Respondents
December 22, 199538 Tex. Sup. Ct. J. 170
Summary
The Texas Supreme Court reversed the Court of Appeals and held that Caterpillar Inc. and B.D. Holt Company owed no duty to warn of the obvious risk of operating a front‑end loader without its removable ROPS, and that the loader was not defectively designed; consequently, the plaintiff, Cipriano Shears, receives no damages. The Court noted a dissent arguing the jury should have been allowed to decide the obviousness issue.