Wellborn v. Sears, Roebuck & Co.

EMILIO M. GARZA, Circuit Judge:

This diversity case is a products liability action involving an automatic garage door opener manufactured by the Chamberlain Group, Inc. (Chamberlain) and distributed by Sears, Roebuck & Co. (Sears). Marilyn Wellborn (Wellborn) brought this action against Sears and Chamberlain after her son was killed as a result of the garage door opener malfunctioning. We affirm in part and certify the question — Does a decedent’s cause of action under the Texas Deceptive Trade Practices-Consumer Protection Act survive under the Texas Survival Statute — to the Texas Supreme…