Supreme Court of Texas

In a products-liability suit over an allegedly defective butane lighter, in which a seller and supplier of the lighters sought indemnity from the alleged manufacturer, summary judgment for manufacturer is affirmed in part and reversed in part where: 1) the alleged manufacturer, as a mere importer of the product, was not a "manufacturer" for purposes of statutory indemnity; 2) corporations cannot be held liable for each other's obligations merely because they are part of a single business enterprise; 3) "apparent" manufacturers of a product are not subject to statutory indemnification obligations; but 4) remand was necessary to consider whether the apparent manufacturer was at fault for facilitating the sale of the defective product, and whether common-law indemnity would therefore apply.

Appellate Information

• Argued 03/20/2007
• Decided 11/14/2008
• Published 11/14/2008

Judges

• Justice HECHT delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Jennifer Rebecca Henderson, Fredrick F. “Rick” Rogers Jr., John Joseph Janssen, Porter, Rogers, Dahlman & Gordon, P.C., Corpus Christi, TX, Juan J. Hinojosa, Hinjosa & Powell, P.C., McAllen, TX, Roger W. Hughes, Scott T. Clark, Robert Barrett Ray, Adams & Graham, L.L.P., Harlingen, TX, for Petitioners., Ramon Garcia, Sonia I. Lopez, Eric Samuel Jarvis, Law Offices of Ramon Garcia, P.C., Edinburg, TX, Adolfo “Al” Alvarez, Law Office of Aldolfo Alvarez, McAllen, TX, Eloy Sepulveda, Fort Worth, TX, for Other Party In Interest.


• For Appellees:
  
• Thomas C. Wright, Julia Leigh Kurtz, Michael A. Choyke, Lucy H. Forbes, Wright Brown & Close, LLP, Houston, TX, Jose E. Garcia, Francisco R. Villarreal, Garcia & Villarreal, LLP, Boone Channing Slusher, Slusher & Associates, McAllen, TX, for Respondent.