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Click here for the full text of this decision FACTS:Jack Ridgway sustained serious injuries when his 2-year-old Ford F-150 pick-up truck caught fire while he was driving. Ridgway was the truck’s third owner. The first owner drove the truck approximately 7,000 miles and installed a spotlight on the front left “A” pillar, which is the front part of the door frame. The second owner drove the truck approximately 47,000 more miles and had the truck repaired four times at the Red McCombs Ford dealership in San Antonio. Each repair attempted to fix a clunking noise that occurred during hard turns. Three of the four repairs also involved the fuel system and attempted to improve the truck’s poor gas mileage. The Ridgways drove the truck for only one month before the fire, making no repairs or modifications. The fire occurred when Ridgway was driving home from work on a paved county road in Bandera County. Driving at or below the speed limit, he looked into the rear-view mirror and noticed flames curling up around the cab of the truck. Before he could jump out of the truck, Ridgway sustained second-degree burns to 20 percent of his body. Ridgway and his wife Linda sued Red McCombs and Ford, alleging products liability, breach of express and implied warranties, violations of the Texas Deceptive Trade Practices Act and negligence. After both defendants moved for summary judgment, the Ridgways nonsuited Red McCombs, leaving only their negligence and strict products liability claims against Ford. After adequate time for discovery, Ford moved for summary judgment under Rule 166a(i) and alternatively under Rule 166a(c). The trial court granted summary judgment without specifying on which provision it relied. On appeal, a divided court of appeals affirmed the trial court’s judgment on plaintiffs’ negligence claim but reversed on products liability. HOLDING:Reversed and rendered that plaintiffs take nothing. The Ridgways produced no direct evidence of the fire’s cause, and their circumstantial evidence that a manufacturing defect existed in the Ford F-150 when it left the manufacturer does not exceed a scintilla. Ridgway’s affidavit establishes only that a fire occurred, and Bill Greenlees, an expert who inspected the truck after the accident, could say no more than that he “suspects” the electrical system caused the fire. Because Greenlees could not rule out part of the fuel system as a possible cause and because there is no proof that identified a defect in the truck at the time it left the manufacturer, Greenlees’ affidavit is not sufficient to raise a fact issue. The Ridgways argue that this proof is nevertheless sufficient under �3 of the Third Restatement of Torts. No Texas court has ever cited this section, and the court does not decide whether it reflects the law of this state. Even if section 3 were the law in Texas, it would generally apply only to new or almost new products. The Ridgways have not met their burden of showing that a genuine issue of material fact exists regarding a manufacturing defect. OPINION:Phillips, C.J., delivered the opinion of the court. Hecht, J., filed a concurring opinion, in which Owen, J., joined.

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