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PAYNE & KELLER, INC. v. P.P.G. INDUSTRIES, INC.

No. C-8711.

793 S.W.2d 956 (1990)

PAYNE & KELLER, INC., Petitioner, v. P.P.G. INDUSTRIES, INC., Respondent.

Supreme Court of Texas.

Rehearing Overruled September 6, 1990.

Attorney(s) appearing for the Case

Charles W. Hurd, III, Ben Taylor, Houston, for petitioner.

Douglas W. Poole, Otto Hewitt, III, Kenneth J. Bower, Galveston, for respondent.

OPINION

COOK, Justice.

At issue is whether a sole negligence exception in an indemnity contract is triggered when the indemnitee's negligence is the only negligence found to have been a proximate cause of the occurrence in question. Respondent P.P.G. Industries, Inc. filed a third-party indemnity claim against petitioner Payne & Keller, Inc. The trial court denied P.P.G. such indemnity, but the court of appeals reversed that judgment. We reverse the...

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