Pontious v. E. W. Bliss Co.

The primary plaintiff, John M. Pontious, and his wife brought suit against defendant Tepco, Inc. (Tepco) to recover damages for injuries suffered by John Pontious while he was operating a press for his employer, D.M.P. Manufacturing Corp. (DMP). DMP and Tepco apparently had entered into a contract whereby DMP was to design and build tooling and parts for Tepco. Tepco filed a third-party complaint against DMP seeking common-law indemnification for any liability to plaintiffs or damages for breach of express and implied warranties for DMP’s failure to execute its contractual duties in a safe…