Sitting for the court: Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Eva Guzman, Justice Harriet O'Neill
(Justice Green not sitting)
BIC Pen Corp. v. Janace M. Carter
from Matagorda County and the 13th District Court of Appeals, Corpus Christi/Edinburg
For petitioner: Reagan W. Simpson, Austin
For cross-petitioner/respondent: Lisa Powell, McAllen
Principal issues in this case involving injuries resulting from a child playing with a lighter are (1) whether federal law preempts the manufacturing-defect claim and the causation theory based on it; (20 whether legally sufficient evidence supported causation and a manufacturing defect; and (3) whether legally sufficient evidence supported the juryís malice finding for exemplary damages. The Court earlier held that federal law by implication preempted a lighter design-defect claim in reversing a judgment for Carter. On remand, the court of appeals affirmed the juryís manufacturing-defect verdict for Carter, but reversed the punitive-damages award.
The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument.
This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Courtís staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Courtís opinion about case merits.
Texas Supreme Court advisory
Contact: Osler McCarthy,
Staff Attorney for Public Information
(512) 463.1441 or email: firstname.lastname@example.org