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Click here for the full text of this decision FACTS:The underlying suit was brought by the appellants, Willowbrook Foods Inc.; Promised Land Foods Inc.; and Sunday House Foods Inc., for damages resulting from a fire that started in a turkey fryer at a turkey processing plant owned by Sunday House Inc. The trial court granted the motions and rendered take-nothing judgments in favor of the defendants. Plaintiffs ordered the fryer from Peerless Metal Products Corpo. and made a partial payment toward its purchase on or about Feb. 11, 1997. Farm Credit Bank of Texas is the financial institution that provided the funds to plaintiffs for the purchase of the turkey fryer. Farm Credit Bank and the Farm Credit Leasing Corp. executed a Servicing Agreement and Lease Agreement, pursuant to which Farm Credit Bank agreed to provide 100 percent of the funds to plaintiffs for the purchase of the fryer. In the servicing agreement, Farm Credit Bank is named the lessor and FCL the “servicer.” The agreement states that Farm Credit Bank, as lessor, “intends to be the owner” of the equipment, but “desires to have Servicer service the Lease [between FCL and plaintiffs].” FCL, in turn, acted as Farm Credit Bank’s agent in executing a Lease Agreement with plaintiffs. Under this agreement, FCL is named as lessor and plaintiff, Sunday House, is named as lessee. Plaintiffs repaid Farm Credit Bank in the form of rent payments to FCL; the payments included an interest charge. FCL then remitted the rental payments to Farm Credit Bank. Under the terms of the Lease Agreement, FCL retained title to the fryer, but plaintiffs were responsible for maintaining insurance on the equipment, payment of taxes, and payment of all maintenance costs. FCL assigned all its rights, title, and interest under the lease agreement to Farm Credit Bank. FCL never took possession of the fryer, which instead was delivered directly to plaintiffs. The deal between plaintiffs and FCL closed after the fryer was installed. HOLDING:The court reverses the trial court’s judgment in favor of Emerson Electric Co. (the manufacturer of a component of a fire suppression system) plaintiffs’ strict liability and negligence claims and remands those claims to the trial court for further proceedings. The court affirms the trial court’s judgment in all other respects. Plaintiffs do not dispute that FCL did not manufacture, design or market the fryer. Instead, plaintiffs contend FCL was a “lessor” of the equipment and therefore strictly liable. No Texas court has directly addressed whether strict liability should be extended to entities that provide financing to equipment purchasers in the form of lease agreements such as that at issue here. However, two federal courts have considered a similar issue, deciding against application of strict liability. Cole v. Elliott Equip. Corp., 653 F.2d 1031 (5th Cir. 1981); Abco Metals Corp. v. Equico Lessors Inc., 721 F.2d 583 (7th Cir. 1983). The court concludes that the servicing agreement and lease agreement here merely provided the financial mechanism by which plaintiffs were able to purchase the equipment it sought for its business. Because FCL did not place the fryer into the stream of commerce, it cannot be held strictly liable in this products liability action. Accordingly, FCL conclusively established, as a matter of law, its entitlement to summary judgment on plaintiffs’ strict liability claims against it. Nothing in the record establishes a fact issue as to whether FCL assumed any duty independent of the lease agreement. FCL conclusively established, as a matter of law, its entitlement to summary judgment on plaintiffs’ negligence claim. OPINION:Marion, J.; Lopez, C.J., Angelini and Marion, JJ.

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