Legal Opinion

Cirilo v. COOK PAINT AND VARNISH COMPANY

Court of Appeals of Texas

Decided January 13, 1972No. 15815PublishedCited by 7 opinions

1Opinion of the Court

PEDEN, Justice.

Personal injury suit brought against manufacturer and retailer of a new aluminum ladder which was found to be bent after David Cirilo fell while using it. This appeal is based on the trial court’s rulings on admissibility of evidence and on questioning and argument by appellees’ counsel.

Plaintiffs’ theory is that the ladder buckled while Cirilo was on it, and defendants contend that its upper end slipped off the light fixture against which it was propped and that it buckled under Cirilo’s weight when it struck a small bus parked nearby.

Trial was to a jury. It answered “We do…

2Cases cited3 opinions

  1. Employers Liability Assur. Corp. v. Groninger & KingCourt of Appeals of Texas · 1956
  2. Texarkana Gas & Electric Co. v. LanierCourt of Appeals of Texas · 1910
  3. Forbes v. HejkalCourt of Appeals of Texas · 1954

3Cited by7 opinions

  1. Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
  2. Magic Chef, Inc. v. SibleyCourt of Appeals of Texas · 1977
  3. Huckin v. Connor, Texas Court of Appeals, 14th District (Houston)1996
  4. Eagle Trucking Co. v. Texas Bitulithic Co.Court of Appeals of Texas · 1979
  5. Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974

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