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Texas Rejects "Open and Obvious Danger" Standard



by Barry Levenstam
Jenner & Block LLP - Chicago Office

August 18, 2009

Previously published on June 2009

In Timpte Industries, Inc. v. Gish, No. 08-0043, 2009 WL 1566988 (Tex. June 5, 2009), the Texas Supreme Court upheld a summary judgment ruling for the defendant in a personal injury action in which the plaintiff had alleged that a loading mechanism on the top of a truck trailer was defectively designed, causing injury to the truck operator.


 

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