Supreme Court of Texas

In an action arising out of the failure of certain gas compressors sold by respondent to petitioner, a court of appeals' judgment remanding the matter for a new trial following a verdict mainly for petitioner is reversed and remanded for consideration of respondent's factual sufficiency challenges where the court of appeals erred in concluding that respondent preserved error as to the economic loss rule, but it properly found that: 1) legally sufficient evidence supported the jury's tort liability findings; 2) petitioner's tort claims were not barred by limitations, and 3) respondent waived its statute of repose defense.

Appellate Information

• Argued 11/29/2005
• Decided 05/04/2007
• Published 05/04/2007

Judges

• Justice JOHNSON delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Claudia Wilson Frost, Christopher Jene Richart, Monica Cristina Flores, Jeremy Jason Gaston, Mayer, Brown, Rowe & Maw LLP, Houston, Thomas H. Cook Jr., Richard G. Urquhart, Zelle Hofmann Voelbel Mason & Gette, LLP, Dallas, for petitioner., Ben Taylor, Fulbright & Jaworski L.L.P., Dallas, for amicus curiae.


• For Appellees:
  
• Thomas C. Wright, Michael A. Choyke, Chad Michael Forbes, Wright Brown & Close, LLP, Houston, for respondent.