Legal Opinion

Dutton-Lainson Co. v. Do It Best Corp.

Texas Court of Appeals, 4th District (San Antonio)

Decided September 28, 2005No. 04-04-00679-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Opinion by CATHERINE STONE, Justice.

In this appeal, we must determine whether a manufacturer has a statutory duty to indemnify a seller for losses incurred in a products liability action in the absence of proof that the allegedly defective product was produced by that manufacturer. Because we hold that section 82.002 of the Texas Products Liability Act imposes a duty on such a manufacturer to indemnify the seller, we affirm the trial court’s judgment.

Factual and Procedural Background

Mike Huddleston and his wife filed a products liability lawsuit against Alamo Lumber Company, Inc.,…

2Cases cited7 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  3. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  4. Meritor Automotive, Inc. v. Ruan Leasing Co.Texas Supreme Court · 2001
  5. Dickey v. Club Corp. of America, Texas Court of Appeals, 5th District (Dallas)2000

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Edwards Lifesciences, L.L.C. v. Covenant Health Systems, Texas Court of Appeals, 7th District (Amarillo)2006
  2. Edwards Lifesciences, LLC v. Covenant Health System A/ka/ Covenant Medical Center, Texas Court of Appeals, 7th District (Amarillo)2006
  3. Edwards Lifesciences, LLC v. Covenant Health System A/ka/ Covenant Medical Center, Texas Court of Appeals, 7th District (Amarillo)2006
  4. Edwards Lifesciences, LLC v. Covenant Health System A/ka/ Covenant Medical Center, Texas Court of Appeals, 7th District (Amarillo)2006

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