American Maintenance & Rentals, Inc. v. Estrada

OPINION

COHEN, Justice.

This is an appeal from an award of damages in a negligence and marketing defect case. We reverse and remand.

The Facts

In September 1988, Jose Torres, an employee of Freeport Blasters, found four sealed, 20-gallon pressurized cylinders in the yard. The cylinders were joined by pipes and attached to a frame, thus forming a single unit. The cylinders had been delivered to Freeport Blasters’ lot in 1986, and Jeff Stanley, the president of Freeport Blasters, and Torres had moved them around the lot on previous occasions. Stanley told Torres that it was “okay” to put the…