BIC Pen Corp. v. Carter Ex Rel. Carter

Six-year-old Brittany Carter was burned when her five-year-old brother accidently set fire to her dress with a BIC lighter. The trial 'court entered judgment against BIC based on jury findings that the lighter was defectively designed and manufactured and that each of the defects caused Brittany’s injuries. The court of appeals affirmed based on the defective design finding and did not reach BIC’s other issues. Bic Pen Corp. v. Carter, 171 S.W.3d 657, 662 (Tex.App.-Corpus Christi 2005), rev’d 251 S.W.3d 500 (Tex.2008). In a prior appeal we held that the design defect claim was preempted by…