K-2, INC. v. Fresh Coat, Inc.

OPINION

DAVID GAULTNEY, Justice.

The trial court signed a judgment based on a jury verdict in favor of Fresh Coat, Inc. against K-2, Inc. (a/k/a Finestone) under the Products Liability Act. See Tex. Crv. PRAC. & Rem.Code Ann. §§ 82.001-008 (Vernon 2005 & Supp.2007). A builder, Life Forms Homes, Inc., had contracted with Fresh Coat for Fresh Coat’s installation of Finestone’s synthetic stucco cladding (EIFS) 1 on houses. The homeowners complained of water penetration in the EIFS that led to “excessively high moisture levels in the cladding and structural damage from rot and termite infestation.”…