Legal Opinion · Concurrence
Castilla v. Trinity Industries, Inc.
Court of Appeals of Texas
Decided October 28, 1981No. 16653Published
1ConcurrenceBaskin, Justice
I concur in the result.
Plaintiff was injured on February 19, 1977, while cleaning a rotary kiln at Barrett Industries in Bexar County. The kiln had *801been manufactured by Custom between August, 1966, and April, 1967, and sold by Custom in April, 1967. In November, 1968, Custom sold virtually all of its assets to Trinity. In the purchase and sale agreement between Trinity and Custom, Trinity agreed to assume certain specified liabilities of Custom but did not agree to assume any tort liabilities.
Plaintiff has sued both Custom and Trinity for damages, claiming faulty design of the rotary kiln.…
2Cases cited5 opinions
- Stanley Knapp, Jr. v. North American Rockwell Corporation v. Mrs. Smith's Pie Company, Third-Party-DefendantCourt of Appeals for the Third Circuit · 1974
- Shannon v. Samuel Langston CompanyDistrict Court, W.D. Michigan · 1974
- Western Resources Life Insurance Co. v. GerhardtCourt of Appeals of Texas · 1977
- Pesek v. Murrel's Welding Works, Inc.Court of Appeals of Texas · 1977
- Santleben v. Taylor-Evans Seed Co.Court of Appeals of Texas · 1979