Moore v. J. Weingarten, Inc.

STEPHENSON, Justice

(concurring).

I concur in the result reached in the majority opinion, as well as each and every pronouncement of law. However, in connection with that portion of the case pertaining to products liability, I would go one step further. I would hold that the doctrine of strict liability cannot be invoked in an action brought under Tex. Rev.Civ.Stat.Ann. art. 8306, section 1, subdivision 4 (1967). As quoted in the majority opinion, it is plainly stated that:

“[I]t shall be necessary to a recovery for the plaintiff to prove negligence

Unless the legislature amends this statute, I would require a plaintiff to allege and prove negligence in order to recover.