Brazos Graphics, Inc. v. Arvin Industries, Inc.

Texas Supreme Court

Brazos Graphics, Inc. v. Arvin Industries, Inc.

586 S.W.2d 841, 22 Tex. Sup. Ct. J. 309, 1979 Tex. LEXIS 281

CourtTexas Supreme Court

DecidedApril 18, 1979

DocketNo. B-8166

StatusPublished

Cited by2 cases

This text of 586 S.W.2d 841 (Brazos Graphics, Inc. v. Arvin Industries, Inc.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brazos Graphics, Inc. v. Arvin Industries, Inc., 586 S.W.2d 841, 22 Tex. Sup. Ct. J. 309, 1979 Tex. LEXIS 281 (Tex. 1979).

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Opinion

ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

This is a products liability action wherein the plaintiff, Brazos Graphics, Inc., presented expert testimony that the product in question possessed a design defect. In order to rebut this expert testimony, the defendant, Arvin Industries, Inc., offered a report prepared by Underwriters’ Laboratories, Inc., a non-profit independent testing laboratory. The court of civil appeals held that the test report was generally admissible as a business record of Underwriters’ Laboratories within the purview of Tex. Rev.Civ.Stat.Ann. art. 3737e. 574 S.W.2d 240, 243.

We express no opinion whether the report prepared by the independent testing laboratory falls within the scope of article 3737e, because we think the present report is merely cumulative of other testimony directed to the same point. This court will not ordinarily reverse a trial court ruling on the admissibility of evidence when the evidence complained of is merely cumulative. Whitener v. Traders & General Ins. Co., 155 Tex. 461, 289 S.W.2d 233 (1956).

The application for writ of error is refused, no reversible error.

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ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

This is a products liability action wherein the plaintiff, Brazos Graphics, Inc., presented expert testimony that the product in question possessed a design defect. In order to rebut this expert testimony, the defendant, Arvin Industries, Inc., offered a report prepared by Underwriters’ Laboratories, Inc., a non-profit independent testing laboratory. The court of civil appeals held that the test report was generally admissible as a business record of Underwriters’ Laboratories within the purview of Tex. Rev.Civ.Stat.Ann. art. 3737e. 574 S.W.2d 240, 243.

We express no opinion whether the report prepared by the independent testing laboratory falls within the scope of article 3737e, because we think the present report is merely cumulative of other testimony directed to the same point. This court will not ordinarily reverse a trial court ruling on the admissibility of evidence when the evidence complained of is merely cumulative. Whitener v. Traders & General Ins. Co., 155 Tex. 461, 289 S.W.2d 233 (1956).

The application for writ of error is refused, no reversible error.

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586 S.W.2d 841, 22 Tex. Sup. Ct. J. 309, 1979 Tex. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brazos-graphics-inc-v-arvin-industries-inc-tex-1979.

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