Harold S. McDaniel v. Anheuser-Busch, Inc., Third Party v. Force Corporation, Third Party

WIENER, Circuit Judge:

This Texas diversity case involves the interpretation of a unique indemnification provision and the application of the deemed finding and waiver provisions of Rules 49 and 51 in the context of separate trials granted under Rule 42(b).1 The district court granted summary judgment for Defendant-Appellee Force Corporation (Force), holding that, under the terms of the indemnity clause, Force could only be required to indemnify Plaintiff-Appellant Anheuser-Busch, Inc. (Anheuser) for claims and suits for death, bodily injury, or property damage caused by Force’s acts or…