Texas Supreme Court

John G. Sonnier and Hope Sonnier, Appellants v. Chisholm-Ryder Company, Inc., Unipunch Products, Inc., 3800…

October 5, 1995909 S.W.2d 475

Summary

The Texas Supreme Court held that a manufacturer of a tomato chopping machine does not receive protection under the statute of repose in Tex. Civ. Prac. & Rem. Code § 16.009 because it did not construct an improvement to real property, and that relocation of the machine does not restart the ten‑year repose period. The Court reversed the lower court’s judgment for the manufacturer. Justice Owen dissented, arguing that the manufacturer should be covered by the statute.