Jcw Electronics, Inc., Petitioner v. Pearl Iriz Garza

Summary

The Texas Supreme Court held that Chapter 33's proportionate responsibility scheme applies to a breach of implied warranty claim under UCC Article 2 when the damages sought are for death or personal injury, and because the decedent was found 60% responsible, the plaintiff’s claim was barred. A concurring opinion agreed with the holding but suggested the apportionment question should be framed in terms of percentage of responsibility rather than negligence.