Patton v. T.O.F.C., Inc.

Tyler, Jr., trustees of the estate of the Erie Lackawanna Railway Company (Erie), filed a complaint for declaratory judgment against defendant, T.O.F.C., Inc., asking a declaration that defendant was contractually required to defend and indemnify Erie in a personal injury action which an employee of defendant had brought against Erie. This personal injury action included claims based on Erie’s alleged strict products liability and violation of the Federal Safety Appliance Act. (45 U.S.C. §1 et seq. (1976).) On defendant’s motion, the trial court dismissed Erie’s complaint for failure to state…