Kindred v. Con/Chem, Inc.

POPE, Chief Justice.

This is a products liability case in which the plaintiffs William C. Kindred and Ernest J. Kurtz pleaded strict liability on both a design defect theory and a marketing defect theory. The trial judge submitted special issues only on the marketing defect. After the jury answered the special issues on marketing defect in the negative, the trial court rendered a take nothing judgment. The court of appeals affirmed. 644 S.W.2d 828 (Tex.App. — Corpus Christi 1982). We reverse the judgment of the court of appeals and remand the cause to the trial court for a new trial.

A…