ASI Technologies, Inc. v. Johnson Equipment Co.

PHIL HARDBERGER, Chief Justice.

In this products liability case, the defendant seller and the defendant manufacturer entered into a written verdict-sharing settlement agreement. The plaintiff ultimately recovered against the manufacturer, but not the seller. The seller paid the plaintiff under the agreement, but then turned around and counter-sued the manufacturer to recover what they had just paid the plaintiff, plus attorney’s fees, citing their statutory indemnity rights.

Under Texas law though, as well as by Texas usage and custom, a deal is a deal. The seller enjoyed the security of…