R.H. Tamlyn & Sons, L.P. v. Scholl Forest Industries, Inc.

OPINION

CHARLES W. SEYMORE, Justice.

R.H. Tamlyn & Sons, L.P. (Tamlyn) appeals a summary judgment in favor of Scholl Forest Industries, Inc. (SFI) on the ground that SFI failed to establish as a matter of law that it was entitled to statutory indemnity for claims made in a prod ucts liability action. We reverse and render judgment in favor of Tamlyn.

I. Factual and Procedural Background

In April 1997, Frank Billingsley entered into a contract for the construction of a new home. The contract required the home to be constructed using traditional cement stucco on the exterior of the residence.…