Caterpillar, Inc. v. Shears

in which PHILLIPS, Chief Justice, HIGHTOWER, HECHT, CORNYN, ENOCH and OWEN, Justices, join.

This is a products liability case. Cipriano Shears, his wife and children sued Caterpillar, Inc. and B.D. Holt Company for personal injuries Shears suffered in a collision of two front-end loaders. The rollover protective structure or “ROPS” for the loader Shears was operating was not installed at the time of the accident. Shears alleged that Caterpillar, the manufacturer of the loader, and B.D. Holt, which sold the loader to Shears’ employer, were negligent and strictly liable because the ROPS was…