Sonnier v. Chisholm-Ryder Co., Inc.

Dissenting opinion by

OWEN, Justice in which PHILLIPS, Chief Justice, and GONZALEZ, and HECHT, Justices, join.

I respectfully dissent.

*484I do not agree with the Court’s conclusion that the manufacturer of a tomato chopper to be installed in a cannery is excluded from the scope of section 16.009 by virtue of the fact that the manufacturer did not also perform the installation. There is no such limitation in the statute. Chisholm-Ryder Company, Inc. constructed the tomato chopper. If the tomato chopper was an improvement to real property, Chisholm-Ryder comes within the purview of section 16.009. On…