Coastal Mart, Inc. v. Southwestern Bell Telephone Co.

I concur with the majority’s decision to remand. I write separately to explain the reasons I would affirm in part and reverse and remand in part.

This is a contractual indemnity case. By four issues, appellants Coastal Mart, Inc. and Coastal Markets, Ltd., d/b/a Maverick Markets (collectively, “Coastal”) contend the trial court erred in granting summary judgment to appellee Southwestern Bell Telephone Company (“SWBT”). Coastal asserts: (1) SWBT is contractually obligated to indemnify Coastal in connection with a wrongful-death lawsuit that alleged Coastal and SWBT were negligent in the design,…