Merck & Company v. Knox Glass, Inc.

OPINION AND ORDER

VAN ARTSDALEN, District Judge.

This indemnity action is submitted for final determination on a stipulation of facts. The legal issue for determination: — -Is a manufacturer liable to indemnify an intermediate seller for the costs of defense, including counsel fees, of a products liability case tried under the “strict liability” doctrine of Section 402(a), Restatement of Torts, 2nd. (as adopted in Pennsylvania in Webb v. Zern, 422 Pa. 424, 220 A.2d 853), where the jury renders a verdict in favor of defendant ?

The stipulated facts are as follows:

1. Merck is a corporation…