Union Pump Co. v. Allbritton,

898 S.W.2d 773 (Tex. 1995)

Facts

Allbritton (P) was a trainee employee of Texaco. A pump manufacture by Union Pump (D) caught fire and ignited the surrounding area. P assisted in abatement of the fire. The fire was extinguished, and P volunteered to assist in fixing a nitrogen purge valve. P reached the valve, accomplished the repairs, and on the way back was injured when she hopped or slipped off a pipe rack. Her supervisor admitted that he chose to walk over the pipe rack rather than taking a safer alternative route. P sued D in product liability under three different theories; negligence, gross negligence, and strict liability. D moved for a summary judgment. The trial court granted, the appeals court reversed, and the matter came before this court.