Safeway Stores, Inc. v. Certainteed Corp.

I withdraw my former dissenting opinion of October 2, 1984, and the following is now my dissenting opinion.

I respectfully dissent regarding the disposition of the majority as to the claim of Safeway against Certainteed and concur with the holdings as to the claims against the other appellees, and would reverse and remand for a new trial.

In its first point of error, Safeway contends that the court erred in granting an instructed verdict — based on limitations — in favor of Certainteed because the evidence raised fact issues for the jury. The statute of limitations applicable to Safeway's cause…