STATE INDUSTRIES, INC. v. Corbitt

925 S.W.2d 304, 1996 Tex. App. LEXIS 2282, 1996 WL 303411
CourtCourt of Appeals of Texas
DecidedJune 6, 1996
Docket01-94-00879-CV
StatusPublished
Cited by8 cases

This text of 925 S.W.2d 304 (STATE INDUSTRIES, INC. v. Corbitt) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE INDUSTRIES, INC. v. Corbitt, 925 S.W.2d 304, 1996 Tex. App. LEXIS 2282, 1996 WL 303411 (Tex. Ct. App. 1996).

Opinions

OPINION

MIRABAL, Justice.

This case involves (1) claims under the DTPA against an upstream supplier of com[306]*306ponent parts,1 and (2) claims under the theory of strict products liability based on alleged design defects. The products involved are a hot water heater and a broken drain valve. The jury found in favor of the plaintiff homeowner,2 and judgment was entered accordingly. We affirm in part, and reverse and render in part.

On February 16, 1991, Corbitt and his wife, Elizabeth, returned to their home in the FM 1960 area after spending the day at the rodeo. Corbitt testified that Elizabeth “went in the house [then] she came out crying that something was drastically wrong. When I went in it looked like a Brazilian rain forest with water pouring from every electrical fixture, from every air conditioning vent and the amount of water coming over the bannisters almost looked like Niagara Falls.... ” Approximately eight inches of water covered the Corbitts’ floor. The Corbitts had bought the house new 10 years before, on February 27,1981.

It is uncontested that Corbitt’s damage resulted from failure of a drain valve attached to one of the water heaters in Cor-bitt’s attic. State Industries manufactured the water heater in 1980, and Apcom manufactured the drain valve. Apcom is a wholly owned subsidiary of State Industries. The two companies were sued as separate corporate entities, and there is no claim of alter ego involved in this ease.

In points of error three and four, State Industries and Apcom assert the evidence is factually insufficient to support the jury’s answers to the following questions:

Question No. 1
Was there a design defect in the drain valve at the time it left the possession of Apcom, Inc. that was a producing cause of the property damage in question?
Answer: Yes
Question No. 2
Was there a design defect in the water heater at the time it left the possession of State Industries, Inc. that was a producing cause of the property damage in question? Answer. Yes

With regard to each question, the jury received the following instructions:

A “design defect” is a condition of the product that renders it unreasonably dangerous as designed, taking into consideration the utility of the product and the risk involved in its use.
Negligent failure to discover or guard against a product defect is not a defense.3 “Producing Cause” means an efficient, exciting, or contributing cause that, in a natural sequence, produced the occurrence. There may be more than one cause of an occurrence, but if an act or omission of any person not a party to the suit was the sole cause of the occurrence, then no act, omission, or product of any party to the suit could have been a cause of the occurrence.

When reviewing a claim that the evidence is factually insufficient to support a jury finding, the court of appeals must first examine all of the evidence. Lofton v. Texas Brine Corp., 720 S.W.2d 804, 805 (Tex.1986); Hollander v. Capon, 853 S.W.2d 723, 726 (Tex.App. — Houston [1st Dist.] 1993, writ denied). After considering and weighing all of the evidence, the court of appeals should set aside the verdict only if the evidence is so weak or the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986); Hollander, 853 S.W.2d at 726. The appellate court cannot substitute its opinion for that of the trier of fact and determine that it would [307]*307reach a different conclusion. Hollander, 853 S.W.2d at 726.

When reversing on factual insufficiency grounds, the court of appeals must detail in its opinion the evidence relevant to the issue and clearly state why the jury’s finding is so against the great weight and preponderance of the evidence as to be manifestly unjust, why it shocks the conscience, or why it clearly demonstrates bias. Jaffe Aircraft Corp. v. Carr, 867 S.W.2d 27, 28 (Tex.1993); Cropper v. Caterpillar Tractor Co., 754 S.W.2d 646, 652-53 (Tex.1988). Further, the court of appeals should state in what regard the contrary evidence greatly outweighs the evidence in support of the verdict. Cropper, 754 S.W.2d at 652-53; Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex.1986). In reviewing great weight points, the supreme court has admonished the courts of appeals to be mindful that the preponderance of the evidence did not convince the jury. Herbert v. Herbert, 754 S.W.2d 141, 144 (Tex.1988). Reversal is only warranted where the great weight of the evidence supports a different answer. Id.

Defendants argue that there is insufficient evidence to support the jury’s findings that (1) the drain valve, and (2) the water heater, were “unreasonably dangerous as designed, taking into consideration the utility of the products and the risk involved in their use.” In Boatland of Houston, Inc. v. Bailey, the Texas Supreme Court discussed the strict liability standard of “defectiveness” as applied in design defect cases:

Whether a product was defectively designed requires a balancing by the jury of its utility against the likelihood of and gravity of injury from its use. The jury may consider many factors before deciding whether a product’s usefulness or desirability are outweighed by its risks. Their finding on defectiveness may be influenced by evidence of a safer design that would have prevented the injury.... Because defectiveness of the product in question is determined in relation to safer alternatives, the fact that its risks could be diminished easily or cheaply may greatly influence the outcome of the case. Whether a product was defectively designed must be judged against the technological context existing at the time of its manufacture.

609 S.W.2d 743, 745-46 (Tex.1980). With these guidelines in mind, we review the relevant evidence.

As relevant to the issue of design defect, there were four expert witnesses, two for each side. All of the experts agreed that all water heaters will eventually leak, usually from a hole caused by corrosion in the tank. Such a tank leak gradually gets bigger; it is not usually the type of leak that causes catastrophic flooding, like failure of a drain valve would. All the experts agreed that a drain valve should outlast the life of the water heater tank.

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STATE INDUSTRIES, INC. v. Corbitt
925 S.W.2d 304 (Court of Appeals of Texas, 1996)

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Bluebook (online)
925 S.W.2d 304, 1996 Tex. App. LEXIS 2282, 1996 WL 303411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-industries-inc-v-corbitt-texapp-1996.