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Garcia v. Texas Instruments, Inc.

610 S.W.2d 456 (1980)

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Garcia v. Texas Instruments, Inc.

Texas Supreme Court

610 S.W.2d 456 (1980)

Facts

Richard Y. Garcia (plaintiff) worked for Mostek Corporation, which bought concentrated sulfuric acid from Texas Instruments, Inc. (defendant). Garcia was at work carrying a box containing four glass containers of sulfuric acid when he tripped and fell, broke the box, and suffered acid burns. Three years and eight months later, Garcia filed a suit against Texas Instruments, claiming that he suffered a personal injury because of Texas Instruments’ breach of the implied warranty of merchantability in Article 2 of the Uniform Commercial Code (UCC). Garcia claimed the acid was not properly contained, packaged, and labeled and not fit for the use it was intended. Texas Instruments filed a motion for summary judgment, arguing that Garcia’s claim was barred by the two-year statute of limitations for tort claims under Texas law. Texas Instruments further argued that the four-year statute of limitations in the UCC did not apply to Garcia because he was not a party to the contract between Texas Instruments and Mostek. The trial court granted summary judgment in favor of Texas Instruments, the appellate court affirmed, and Garcia appealed.

Rule of Law

Issue

Holding and Reasoning (Steakley, J.)

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