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OWENS & MINOR v. ANSELL HEALTHCARE PRODUCTS

No. 06-0322.

251 S.W.3d 481 (2008)

OWENS & MINOR, INC. and Owens & Minor Medical, Inc., Appellants, v. ANSELL HEALTHCARE PRODUCTS, INC. and Becton, Dickinson and Company, Appellees.

Supreme Court of Texas.

Rehearing Denied May 30, 2008.

Attorney(s) appearing for the Case

Michael Ray Walzel, Michael K. Rose, Stevens Baldo Freeman & Lighty, L.L.P., Beaumont TX, Robert F. Redmond Jr., William W. Belt Jr., Richmond VA, for Appellant.

Barry M. Epstein, Andrew W. Schwartz, Sills Cummis Epstein & Gross P.C., Newark NJ, Joseph R. Little, Shannon, Gracey, Ratliff & Miller, L.L.P., Houston, William C. Dowdy III, P. Michael Jung, Strasburger & Price, L.L.P., Dallas, Gene F. Creely II, Houston, Terry M. Hackett, R. Michael Duffy, Gardner, Carton & Douglas, LLP, Chicago IL, Mike A. Hatchell, Molly H. Hatchell, Susan A. Kidwell, Locke Lord Bissell & Liddell LLP, Austin TX, for Appellees.

Rafael Edward Cruz, Office of Atty. Gen., Austin TX, for person interested.

Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, and Justice BRISTER joined.

Section 82.002 of the Texas Civil Practice and Remedies Code entitles an innocent seller to seek indemnity for litigation costs from the manufacturer of a product alleged to be defective. The United States Court of Appeals for the Fifth Circuit certified to this Court the following question concerning the scope of the manufacturer's indemnity obligation under Section 82.002:

When a distributor sued in a products liability action seeks indemnification from less than...

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