Ffe Transportation Services, Inc., Petitioner v. Larry Fulgham and Debra Fulgham, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that strict products liability does not apply when a company gratuitously furnishes a product to an independent contractor for its own business purposes, that a trial court's determination that expert testimony is necessary is reviewed de novo, that expert testimony was indeed required to establish the standard of care, and that no probative expert testimony was presented. The Court also instructed the appellate court to consider the spoliation issue and the excluded expert testimony.