Supreme Court of Texas

In a contractor's suit against a stucco manufacturer for indemnity, arising from homeowners' products liability suit against the manufacturer, homebuilder and the contractor, claiming that the synthetic stucco allowed water penetration which caused structural damage, termite problems, and mold, judgment of the court of appeals' is reversed in part and affirmed in part where: 1) Texas Civil Practice & Remedies Code, Chapter 82's text does not limit "product" to exclude items that may later become part of a house wall; 2) a "seller" under Chapter 82 may include those who sell both products and services so that a person who contracts to both provide and install a single product may be considered a seller of that product; and 3) a manufacturer is not exempt from any loss for which a seller is independently liable, as the statutory exception to indemnity is limited to losses caused by the seller's tortious or otherwise culpable act or omission for which the seller is independently liable.

Appellate Information

• Argued 12/17/2009
• Decided 08/20/2010
• Published 08/23/2010

Judges

• WILLETT

Court

• Supreme Court of Texas

Counsel