Bituminous Casualty Corp. v. Black & Decker Manufacturing Co.

CLAUDE WILLIAMS, Chief Justice.

This is a products liability action. Martin O’Shea sued Black and Decker Manufacturing Company (Black and Decker), seeking damages for personal injuries received by him when a grinding wheel sold by Black and Decker flew apart while being used by O’Shea. Bituminous Casualty Corporation (Bituminous), having paid O’Shea workmen’s compensation insurance, intervened as a plaintiff asserting its sub-rogation rights. Black and Decker joined Carborundum Company (Carborundum), as a third party defendant. Prior to announcement for trial O’Shea elected not to prosecute…