Krobar Drilling, L.L.C. v. Fred Ormiston, Ormiston Family Properties, LLC and Applied MacHinery Corporation

OPINION

SHERRY RADACK, Chief Justice.

In this appeal, we consider whether a plaintiff who obtains a breach-of-contraet judgment against one defendant is prohibited from later bringing tort claims against other defendants for the same damage after it is unable to collect on the breach-of-contract judgment. On the facts presented in this case, we reverse and remand.

BACKGROUND

In an effort to upgrade one of its oil drilling rigs, Krobar Drilling, L.L.C. [“Krobar”] purchased a 1300-horsepower mud pump from Kenner Manufacturing, Inc. [“Kenner”]. The mud pump, which was manufactured in China, arrived…