[DOWNLOAD] "Charles Edward Pemberton v. American" by The Supreme Court of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Charles Edward Pemberton v. American
- Author : The Supreme Court of Texas
- Release Date : January 13, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Charles Edward Pemberton, Jr., individually and as administrator of the estate of his minor son, Charles Edward Pemberton, III, filed an action against the retailer, the wholesaler, and the manufacturer of Everclear Grain Alcohol, seeking damages for the death of his son from the ingestion of the alcohol. The defendants filed motions to dismiss testing the sufficiency of the complaint, which were sustained by the trial court. A divided Court of Appeals reversed the trial court, holding (1) that the charges against the manufacturer were sufficient to support a cause of action on strict liability, negligence, and warranty and (2) that the complaint against the retailer and wholesaler was sufficient on the breach of warranty charge. The court affirmed the dismissal of the strict liability and negligence charges insofar as they related to the retailer and wholesaler.We granted the application for permission to appeal filed by the defendants to determine whether the complaint states a claim under the Tennessee Products Liability Act, T.C.A. § 29-28-101 et seq., upon which relief can be granted. See T.R.C.P. 12.02(6).