Shaun T. Mian Corp. v. Hewlett-Packard Co.
237 S.W.3D 851, 2007.TX.0008088
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Publisher Description
Shaun T. Mian Corp. d/b/a Midway Tower, Irving L. Humphrey, and Calvin Otte, appellants, sued appellee Hewlett-Packard Company ("HP"), claiming a printer/fax machine it manufactured was defective and caused a fire that damaged their property. They also alleged HP was negligent in the design, manufacturing, and marketing of the machine. HP filed a combined "no-evidence" and traditional motion for summary judgment, see Tex. R. Civ. P. 166a(i), 166a(c), which the trial court granted. As discussed herein, we conclude appellants circumstantial evidence was sufficient to raise an issue of material fact as to each contested element of their manufacturing defect claim. Thus, we reverse the trial courts judgment as to that claim and remand it to the trial court for further proceedings. We affirm the trial courts summary judgment as to appellants other claims.