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Torts Keyed to Duncan
Timpte Indus., Inc. v. Gish
Citation:286 S.W.3d 306 (Tex. 2009)
Robert Gish (plaintiff), a long haul trucker, was seriously injured when he fell into a trailer he was loading with fertilizer. The fall occurred while he was standing on the top rail, despite a written warning on the trailer to maintain a three point contract with the ladder and not to use the ladder to climb into the trailer, when a gust of wind caused him to fall. He brought a claim for products liability against the manufacturer of the trailer, Timpte Industries (defendant) alleging marketing, manufacturing, and design defects, misrepresentation, and breach of warranty. The defendant moved for summary judgment.
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