JCW Electronics, Inc. v. Pearlirizgarza

Chapter 33 of the Texas Civil Practice and Remedies Code apportions responsibility among those responsible for damages in "any cause of action based on tort." TEX. CIV. PRAC. & REM. CODE § 33.002(a)(1). In this appeal, we are asked whether a claim for breach of implied warranty under article 2 of the Texas Uniform Commercial Code is a tort claim to which Chapter 33s apportionment scheme should apply. The court of appeals concluded that Chapter 33 did not apply to this type of claim because a "complete framework of rights and remedies for transacting parties" was already available under article 2 of the UCC. 176 S.W.3d 618, 633 (quoting Garcia v. Tex. Instruments, Inc., 610 S.W.2d 456, 461 (Tex. 1980)). We disagree and hold that a party who seeks damages for death or personal injury under a breach of implied warranty claim seeks damages in tort and is accordingly subject to Chapter 33.