Supreme Court of Texas
Frymire Engineering Co. Inc. v. Jomar Int'l, Ltd., 06-0755
In a suit to recoup an indemnification payment, alleging damages from respondent-manufacturer's negligence, product liability, and breach of warranty, summary judgment for respondent is reversed and the case remanded where, contrary to the ruling below, petitioner had standing to pursue its claims against respondent under the doctrine of equitable subrogation because the evidence supported its contentions that: 1) it paid a debt primarily owed by respondent; 2) it did so involuntarily, and 3) it sought subrogation in a situation where respondent would be unjustly enriched if petitioner were precluded from pursuing its claims.
Appellate Information
- Argued 12/04/2007
- Decided 06/13/2008
- Published 06/13/2008
Judges
- Justice WILLETT delivered the opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- Stewart Kelvin Smith, Attorney at Law, Irving, TX, for Petitioners.
- For Appellees:
- Idolina Garcia, Christopher P. Hansen, Hilaree A. Casada, Hermes Sargent Bates, LLP, Dallas, Douglas R. Hafer, Kelly J. Curnutt, Curnutt & Hafer, LLP, Arlington, TX, for Respondents.