Harris Packaging Corp. v. Baker Concrete Construction Co.

OPINION

NUCHIA, Justice.

After a bench trial, judgment was rendered against appellant based upon strict products liability, negligence, and breach of express and implied warranties. We reverse and render.

BACKGROUND

The Texas Department of Criminal Justice (TDCJ) broke ground on a new psychiatric unit in Sugar Land in 1992. Appellee Baker Concrete Construction Company (Baker) was the concrete subcontractor on the project. An element of their job was to pour the “grade beams” which connect the piers of the building. Because of the shifting nature of the soil in southeast Texas, Baker decided to…