Owens & Minor, Inc. v. Ansell Healthcare Products, Inc.

Justice O’NEILL,

joined by Justice MEDINA, Justice JOHNSON, and Justice WILLETT, dissenting.

A manufacturer of a product alleged in a pleading to be defective is required to *492indemnify and hold harmless an innocent seller against loss arising out of a products liability action, regardless of how the action is concluded. Tex. Civ. PRac. & Rem. Code § 82.002. We have said that the manufacturer’s indemnity duty is invoked not by proof but by the plaintiffs pleadings, Gen. Motors Corp. v. Hudiburg Chevrolet, Inc., 199 S.W.3d 249, 252 (Tex.2006); see Fitzgerald v. Advanced Spine Fixation Sys., Inc.,…