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BITUMINOUS CASUALTY CORP. v. BLACK & DECKER MFG. CO.

No. 18404.

518 S.W.2d 868 (1974)

BITUMINOUS CASUALTY CORPORATION, Appellant, v. BLACK AND DECKER MANUFACTURING CO., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 30, 1974.

Attorney(s) appearing for the Case

Henry Stollenwerck, Dallas, for appellant.

J. Carlisle DeHay, Jr., Paul L. Smith, Gardere, Porter & DeHay, J. S. Maxwell, Seay, Gwinn, Crawford & Mebus, Dallas, for appellee.

CLAUDE WILLIAMS, Chief Justice.

This is a products liability action. Martin O'Shea sued Black and Decker Manufacturing Company (Black and Decker), seeking damages for personal injuries received by him when a grinding wheel sold by Black and Decker flew apart while being used by O'Shea. Bituminous Casualty Corporation (Bituminous), having paid O'Shea workmen's compensation insurance, intervened as a plaintiff asserting its subrogation rights. Black and Decker joined...

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