Legal Opinion · Dissent

Turner v. General Motors Corporation

Court of Appeals of Texas

Decided September 11, 1974No. 1005Published

1Dissent

TUNKS, Chief Justice.

I respectfully dissent.

I agree with the opinion of the majority except that I would hold that there is no evidence that the car in question was unreasonably dangerous. The plaintiff, therefore, failed to prove a cause of action against the resident defendant seller, as he was required to do under subdivision 4 of Article 1995. He also failed to prove a cause of action against the nonresident corporate defendant manufacturer, as required by subdivisions 23 and 27. For that reason I would affirm the judgment of the trial court sustaining the plea of privilege of the…

2Cases cited5 opinions

  1. Dallas Railway & Terminal Company v. GossettTexas Supreme Court · 1956
  2. Shamrock Fuel & Oil Sales Co. v. TunksTexas Supreme Court · 1967
  3. Mrs. Frances Buckley Ward, Cross-Appellant v. The Hobart Manufacturing Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1971
  4. Carr v. RadkeyTexas Supreme Court · 1965
  5. Texas and Pacific Railway Company v. MeeksCourt of Appeals of Texas · 1960

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