Texas Supreme Court
Humble Sand & Gravel, Inc., Petitioner v. Raymond Gomez, Respondents
September 17, 200447 Tex. Sup. Ct. J. 1214
Summary
The Texas Supreme Court reversed the Court of Appeals judgment and remanded for a new trial because it could not determine whether a flint supplier owed a duty to warn customers' employees of the fatal risks of silica dust inhalation. The Court held that the record did not show a sufficient basis to impose such a duty. Justice O'Neill dissented, arguing that the supplier should have a duty to warn.