The Texas Supreme Court is grappling with a question of whether a state statute providing a rebuttable assumption of no liability in an auto part alleged defect case should apply.

In oral argument Wednesday in American Honda Motor Co. Inc. v. Milburn, the justices are being challenged to go beyond their stance in the 2014 case of KIA Motors Corp. v. Ruiz, wherein the court held that because the federal product safety standard relied upon by the manufacturer did not govern the risk that caused the harm, it was unnecessary to address whether plaintiff rebutted Section 82.008 of the Texas Civil Practice and Remedies Code.