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SSP Partners v. Gladstrong Investments Corp.4/7/2005
This is an indemnity case. The trial court granted appellee Gladstrong Investments' no-evidence summary-judgment motions against appellants SSP Partners and Metro Novelties. Asserting numerous issues, SSP and Metro appeal the judgments. SSP also appeals an award of guardian ad litem fees. We reverse and remand.
I. History of the Case
On January 9, 2001, a fire caused by an allegedly defective lighter killed Joshua Castillo. Joshua?s two brothers, Matthew and Christopher, were also injured in the fire. The children's parents, Oscar and Arissa Castillo, claimed that Oscar's sister, Sally, bought the offending lighter at a Circle K store. Oscar and Arissa Castillo brought a products liability action against SSP Partners, Inc. and Gladstrong Investments (USA) Corporation ("Gladstrong USA"). SSP then sued Metro Novelties, as supplier of the lighters, for indemnity. Additionally, SSP and Metro both sued Gladstrong USA for indemnity.
Gladstrong USA filed no-evidence motions for summary judgment against SSP and Metro on their indemnity claims, alleging there was no evidence that it was the manufacturer or supplier of the cigarette lighter. The trial court granted Gladstrong's no-evidence motions for summary judgment against both SSP and Metro.
SSP and Metro also sued Tianjin Sico Lighters, Co., Ltd. ("Tianjin"), the alleged manufacturer of a component of the lighter. SSP and Metro also sought but failed to secure leave of court to sue the parent company of Gladstrong USA, Gladstrong Investments, Ltd. ("Gladstrong Hong Kong"). Claims against Tianjin were severed.
On October 24, 2002, Gladstrong USA settled with the Castillos. On the same date, the trial court granted the no-evidence summary-judgment motions. On October 28, 2002, the Castillos, SSP, and Metro proceeded to trial. The jury returned a verdict favorable to the Castillos. The trial court judgment memorialized: (1) the no-evidence summary judgments; and (2) the jury verdict. SSP, on appeal, seeks reversal of the summary judgment adverse to it and remand of its indemnity claim for trial on the merits. SSP presents the following issues for review:
(1) Whether the trial court erred in granting a no-evidence summary-judgment motion denying: (a) statutory indemnity to SSP on its claim that Gladstrong USA was either the manufacturer or the supplier of the lighter; and (b) common law indemnity.
(2) Whether the guardian ad litem fees were reasonable.
On appeal, Metro seeks reversal of the summary judgment adverse to it, and presents the following issues for review:
(1) Whether the trial court erred in granting a no-evidence summary-judgment motion that Metro take nothing on its indemnity claims against Gladstrong USA;
(2) Whether, under traditional summary-judgment motion standards, Gladstrong USA's evidence proved Gladstrong USA was neither a manufacturer nor a supplier of the lighter;
(3) Whether Metro's proof showed that it was entitled to indemnity under Texas Civil Practice & Remedies Code § 82.002 against Gladstrong USA because Gladstrong USA is: (a) a "manufacturer" under §81.001(4); (b) jointly liable with Gladstrong Hong Kong under the "single business enterprise" theory of liability; and (c) deemed to be a manufacturer under 15 U.S.C. §2052(a)(4);
(4) Whether Metro's proof showed it was entitled to common law indemnity because Gladstrong USA was a supplier, a manufacturer, or an apparent manufacturer; and
(5) Whether Gladstrong USA waived objections to Metro's summary-judgment evidence.
II. The Summary Judgments
On October 24, 2002, the same
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