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Sears8/24/1995
." Further evidence of Sunbeam's awareness of the risk of storing spare cylinders is the test results from tests conducted by Sunbeam engineers which prompted the press release. Finally, Johnson, a Sunbeam representative, admitted to learning in December 1987 of the CPSC report advising of the danger of storing spare cylinders. While a review of the record shows that the Sunbeam did review the Kenmore manual and it contained some general warnings about the dangers of storing fuel near heat, a showing of "some care" will not preclude a finding of gross negligence. Moriel, 879 S.W.2d at 20. This constitutes more than an scintilla of evidence establishing that Sunbeam knew of the danger of storing a spare cylinder under the grill body, yet chose to warn only purchasers of the Sunbeam grill rather than warning purchasers of the Kenmore grills. We conclude that the evidence was legally sufficient to support a finding of gross negligence against Sunbeam. Accordingly, the judgement of the trial court is reversed and rendered as to Sears and affirmed as to Sunbeam. Sunbeam is ordered to pay one-half of all costs of this appeal, and Mike Menegay and Paula Menegay are ordered to pay one-half of all costs of this appeal.
PUBLISH
Delivered August 24, 1995
[Ordered published September 29, 1995]
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