Evans v. Control Products Corp.

This appeal arises out of a wrongful death action brought by the personal representative of the decedent, Marion L. Evans. Plaintiff sought a judgment against defendants Control Products Corporation (hereinafter Control Products) and others, based on strict liability in tort. Control Products thereafter filed a third-party complaint against CPC International (hereinafter CPC), decedent’s employer, seeking indemnity based on strict liability in tort. CPC’s motion to dismiss the third-party complaint was granted by the trial court. The primary action is still pending below. The sole issue for…