Cumberland Corp. v. E. I. DuPont De Nemours & Co.

MEMORANDUM and ORDER

FRANK W. WILSON, Chief Judge.

This is a products liability case in which Cumberland Corporation seeks to recover over against Kusan, Inc., the E. I. du Pont de Nemours and Company (DuPont) for direct and consequential damages arising out of the use of DuPont polyethylene in certain milk cartons or cases that were manufactured by Cumberland. It is alleged that as a result of DuPont’s failure to include an ultraviolet inhibitor in the polyethylene, the milk cases were damaged when exposed to sunlight. DuPont, in turn, seeks to recover over against Kusan, Inc., the company…