 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
JCW Electronics10/13/2005
is an immediate causal nexus between the presence of the telephone in the jail cell and appellees' injuries, we conclude that the evidence is legally and factually sufficient to establish cause in fact. Accordingly, we hold the evidence is legally and factually sufficient to support the jury's finding that the breach of implied warranty of fitness was the proximate cause of appellees' injuries.
5. Proportionate Responsibility Statute
JCW asserts that appellees' case sounded in tort because it was based on personal injuries. Thus, JCW argues, recovery is barred by chapter 33 of the Texas Civil Practice and Remedies Code because the jury found that Montez was more than fifty percent responsible for his death. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 33.001-33.002 (Vernon Supp. 2004-05).
Chapter 33 applies to "any cause of action based on tort" or any action brought under the Deceptive Trade Practices-Consumer Protection Act (DTPA) "in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought." Id. § 33.002(a). Chapter 33 specifically excludes from coverage actions to collect workers' compensation benefits, claims for exemplary damages, or actions arising from the manufacture of methamphetamine. See id. § 33.002(c). However, "Chapter 33 does not explicitly address its applicability in UCC [Uniform Commercial Code] cases." Southwest Bank v. Info. Support Concepts, Inc., 149 S.W.3d 104, 107 (Tex. 2004).
While traditionally it has been true that "when considering a common law remedy . . . an implied warranty arising from sales sounds in tort and not in contract," the UCC provides a statutory remedy for personal injuries suffered as a result of a breach of an implied warranty. Garcia v. Tex. Instruments, Inc., 610 S.W.2d 456, 463 (Tex. 1980). Because "the traditional distinctions between tort and contract are not relevant," the supreme court has determined that, whether or not a claim would be considered a tort for common law purposes, decisions based on the common law are not determinative in cases under the UCC dealing with statutory remedies. Id.; see JHC Ventures, 94 S.W.3d at 772-73. We must, therefore, look beyond the common law to determine whether chapter 33 should be applied to breach of implied warranty claims under the UCC.
In making that determination, we must bear in mind the purpose and effect of both statutes so that the application of one does not undermine the effect and purpose of the other. See Southwest Bank, 149 S.W.3d at 110. One of the primary purposes and policies underlying the adoption of the UCC was "to make uniform the law among various jurisdictions." TEX. BUS. & COM. CODE ANN. § 1.103(a)(3) (Vernon Supp. 2004-05). The UCC was adopted "as a comprehensive and integrated act to facilitate the continued expansion of commercial practices." Garcia, 610 S.W.2d at 461. To achieve that end, Article 2 of the UCC "supplies a complete framework of rights and remedies for transacting parties." Id. Given the UCC's purpose as a "carefully integrated" permanent uniform codification covering an entire field of law, "we must be careful not to interpret any statute that does not explicitly amend or modify the UCC as doing so impliedly." Southwest Bank, 149 S.W.3d at 110-11.
The supreme court has determined that under Article 2 of the UCC, consideration should be given to the fault or negligence of the buyer in determining recovery of consequential damages for a breach of an implied warranty. Signal Oil & Gas Co. v. Universal Oil Products, 572 S.W.2d 320, 328 (Tex. 1978). Although the buyer's conduct may affect his recovery of consequential damage
Page 1 2 3 4 5 6 7 8 9 10 11 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|