Fitzgerald v. Advanced Spine Fixation Systems, Inc.

joined by: Justice HECHT, Justice ENOCH, Justice ABBOTT, and Justice O’NEILL.

This case comes to us by certified question from the United States Court of Ap*865peals for the Fifth Circuit.1 Section 82.002 of the Texas Civil Practice .and Remedies Code gives an innocent seller the right to seek indemnity from the manufacturer of an allegedly defective product for products litigation costs, such as attorney fees.2 Ken Fitzgerald seeks indemnity under the statute. Fitzgerald was dismissed from a products-liability suit because, while he sold the allegedly defective product, he did not sell the ones…