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

Summary

The Texas Supreme Court held that a breach of implied warranty claim seeking damages for death or personal injury is a tort action subject to Chapter 33’s proportionate responsibility scheme, and because the decedent was found 60% at fault, the plaintiff’s claim was barred. The Court also reversed the Court of Appeals and entered judgment for no recovery, with a concurring opinion agreeing on the application of Chapter 33.