 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Panatrol Corp. v. Emerson Electric Co.3/23/2005
REVERSED AND REMANDED
In this appeal, we determine whether the trial court erred in rendering summary judgments on appellee's claim for contribution and appellant's claim for indemnity. We conclude the trial court erred; therefore, we reverse and remand.
BACKGROUND
This dispute arises from a larger suit filed by plaintiffs against several defendants, including Emerson Electric Company ("Emerson"). The plaintiffs operate a turkey processing plant in Fredericksburg, Texas, and they purchased a commercial turkey fryer from Peerless Metal Products Corporation ("Peerless"). The fryer included as a component a fire suppression system to smother oil fires that may occur in the unit. Peerless ordered two control panels from Panatrol Corporation, specifying that each panel include one "Chromalox Temperature Controller" and one "Chromalox High Temperature Limit Switch." Panatrol ordered the temperature controllers from Emerson.
In 1999, a fire originated in the turkey fryer, destroying the building and its contents. In their lawsuit, plaintiffs alleged Emerson was liable for the malfunction of the temperature controllers. Plaintiffs did not sue Panatrol, but Emerson subsequently joined Panatrol as a third-party contribution defendant based on its alleged independent fault for plaintiffs' damages. Emerson alleged Panatrol designed, manufactured, and/or installed the control panel in the turkey fryer, which plaintiffs claimed was defective. Panatrol counterclaimed against Emerson for indemnification, asserting Emerson had a duty to indemnify it against any loss arising from the plaintiffs' product liability claims.
Emerson moved for summary judgment on all of plaintiffs' claims against it. Panatrol and Emerson each filed cross-motions for summary judgment on the other's claims. In successive orders, the trial court rendered summary judgment (1) in favor of Emerson on all of plaintiffs' claims against Emerson; (2) in favor of Panatrol dismissing Emerson's contribution claim against Panatrol, and (3) in favor of Emerson dismissing Panatrol's indemnity claim against Emerson. The first summary judgment was the subject of an appeal to this court in Willowbrook Foods, Inc. v. Grinnell Corp., 147 S.W.3d 492 (Tex. App.---San Antonio 2004, pet. filed). In that appeal, a panel of this court concluded "that Emerson's summary judgment evidence did not conclusively establish that it was entitled to summary judgment on plaintiffs' strict liability claims or on the issue of causation, and plaintiffs' summary judgment evidence raised a fact issue sufficient to defeat Emerson's entitlement to a no-evidence summary judgment." Id. at 506. The second and third summary judgments are the subject of this appeal.
PANATROL'S MOTION FOR SUMMARY JUDGMENT ON EMERSON'S CONTRIBUTION CLAIM
In Emerson's suit against Panatrol, Emerson alleged Panatrol designed and manufactured the turkey fryer's control panel. Therefore, Emerson contends it is entitled to contribution from Panatrol to the extent the plaintiffs attack the design or manufacture of the temperature controllers based on the design and manufacture of the fryer or its control panel.
In Panatrol's motion for summary judgment, Panatrol asserted Emerson was not entitled to contribution because there was no evidence that the Panatrol control panel was defective or that any defect was the producing cause of plaintiffs' damages. In response, Emerson argued that if the plaintiffs devised a liability theory against it, its experts "should be afforded an opportunity to present any evidence of a defect in the design and/or manufacture of the [Panatrol] control panel." On appeal, Emerson theorize
Page 1 2 3 4 5 6 7 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|