SW (Delaware), Inc. v. American Consumers Industries, Inc.

HORSEY, Justice:

In this product liability third-party claim, the manufacturer of an allegedly defective machine seeks indemnification from the machine’s purchaser for any damages awarded the purchaser’s employee for personal injury sustained while operating the machine. The manufacturer’s successors (collectively referred to as “SW”), defendants and third party plaintiffs below, appeal Superior Court’s grant of the employer’s, American Consumer Industries, Inc. (hereafter ACI), Motion to Dismiss the third party complaint, which the Court treated as a Motion for Summary Judgment.

ACI’s…