Firestone Steel Products Company, Formerly a Division of the Firestone Tire & Rubber Company, Accuride Corporation…

Summary

The Texas Supreme Court reversed the Court of Appeals and entered judgment for Firestone, holding that Firestone neither designed, manufactured nor sold the wheel that caused Jimmy Barajas' death and therefore is not liable on the strict products liability, negligence, or civil conspiracy claims. Justice ENOCH, in a concurrence in part and dissent in part, agreed with the strict liability result but argued that Firestone, as a non‑manufacturing designer, owed a duty of ordinary care and a duty to warn, and thus should not have summary judgment on the negligence claims.