Legal Opinion

McKisson v. Sales Affiliates, Inc.

Texas Supreme Court

Decided June 21, 1967No. A-11814PublishedCited by 342 opinions

1Opinion of the Court

NORVELL, Justice.

Section 402A of the American Law Institute’s Restatement of the Law of Torts (2d Ed.), hereinafter referred to as the Torts Restatement, reads as follows:

“(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
“(a) the seller is engaged in the business of selling such a product, and
“(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is…

2Cases cited22 opinions

  1. Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
  2. Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
  3. Suvada v. White Motor Co.Illinois Supreme Court · 1965
  4. Webb v. ZernSupreme Court of Pennsylvania · 1966
  5. Escola v. Coca Cola Bottling Co.California Supreme Court · 1944

17 more not listed; retrieve them via the Exa API.

3Cited by342 opinions

  1. Temple v. Wean United, Inc.Ohio Supreme Court · 1977
  2. American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
  3. Uniroyal Goodrich Tire Co. v. MartinezTexas Supreme Court · 1998
  4. Moises Galindo v. Precision American Corp., Georgia Pacific CorporationCourt of Appeals for the Fifth Circuit · 1985
  5. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984

337 more not listed; retrieve them via the Exa API.

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