Fitz v. Rust-Oleum Corp.

HOFFMAN, Senior Judge.

Third-Party Plaintiffs/Defendants/Appellants Rust-Oleum Corporation and ROC Sales, Inc. (collectively “Rust-Ole-um”) appeal the trial court’s entry of summary judgment in favor of Third-Party Defendant/Appellee United States Can Company (U.S.Can).

We reverse in part, affirm in part and remand.

Rust-Oleum presents two issues for our review which we restate as:

I. Whether the trial court erred by granting summary judgment in favor of U.S. Can.

II. Whether the trial court erred by denying summary judgment for Rust-Oleum.

In 1992, Carl Fitz was injured while using a can of spray…