Wagner v. Kroger Co.

PAUL PRESSLER, Justice.

This is an appeal from the trial court’s order overruling appellant’s plea of privilege. We affirm.

Appellee, Kroger, sued appellee, Valcon, for damages sustained in the collapse of a roof on a Kroger’s warehouse addition being built by Valcon. Valcon filed a third party indemnity and contribution action against Ben Wagner and other sub-contractors. Kroger then amended its Original Petition to make these subcontractors parties to the action. Ben Wagner filed Pleas of Privilege to both Kroger’s suit and Val-con’s third party complaint. Kroger and Valcon controverted…