Legal Opinion

Sears, Roebuck and Co. v. Menegay

Court of Appeals of Texas

Decided September 29, 1995No. 2-94-116-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

LIVINGSTON, Justice.

Michael Menegay (“Mike”) incurred burns over 27% of his body when a propane tank stored under his gas grill exploded. The gas grill was sold by Sears, Roebuck and Company (“Sears”) and manufactured by Sunbeam Corporation (“Sunbeam”). Mike and his wife sued both Sears and Sunbeam on a variety of theories, and the jury returned a verdict in their favor. The jury also found the conduct of Sears and Sunbeam constituted gross negligence. The jury assessed exemplary damages of $140,000 against Sears and $35,000 against Sunbeam. On appeal, Sears and Sunbeam challenge only…

2Cases cited10 opinions

  1. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
  2. T.O. Stanley Boot Co. v. Bank of El PasoTexas Supreme Court · 1993
  3. Burk Royalty Co. v. WallsTexas Supreme Court · 1981
  4. Browning-Ferris, Inc. v. ReynaTexas Supreme Court · 1994
  5. Juliette Fowler Homes, Inc. v. Welch Associates, Inc.Texas Supreme Court · 1990

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3Cited by6 opinions

  1. Boatman v. Lites, Texas Court of Appeals, 12th District (Tyler)1998
  2. McEwen v. Wal-Mart Stores, Inc., Texas Court of Appeals, 4th District (San Antonio)1998
  3. Santoro Ex Rel. Santoro v. DonnellyDistrict Court, S.D. New York · 2004
  4. Latisha McFadden v. Greg Olesky and Rogelio Sanchez, Texas Court of Appeals, 3rd District (Austin)2016
  5. McEwen v. Wal-Mart Stores, Inc., Texas Court of Appeals, 4th District (San Antonio)1998

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