New Texas Auto Auction Services, L.P. v. Gomez de Hernandez
Texas Supreme Court
249 S.W.3d 400 (2008)
- Written by Emily Laird, JD
Facts
Jose Angel Hernandez Gonzalez bought an as-is Ford Explorer at an auction. The Explorer’s tires were subject to a recall at the time of the auction. Later, when Gonzales was driving his Explorer in Mexico, he was killed in a rollover accident. Gonzalez’s survivors (plaintiffs) brought an action for negligence and strict products liability against Big H Auto Auction (Big H), a second auctioneer, Ford Motor Co. (the car manufacturer), Progresso Motors, and Bridgestone/Firestone Corp. (the tire manufacturer) (defendants). Gonzalez’s survivors filed suit in state court. Big H filed a motion for summary judgment, claiming it was not subject to strict liability or negligence. The trial court granted Big H’s motion, but the state court of appeals reversed, ruling that an auctioneer should face claims of strict liability and negligence for the products it auctioned. Big H appealed to the state supreme court.
Rule of Law
Issue
Holding and Reasoning (Brister, J.)
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