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OSWALT v. RESOLUTE INDUSTRIES, INC.

No. 10-35313.

642 F.3d 856 (2011)

Curtis OSWALT; Federal Insurance Company, Plaintiffs-Appellees, v. RESOLUTE INDUSTRIES, INC., Defendant-third-party-plaintiff-Appellant, v. Webasto Products NA, Inc., Third-party-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 16, 2011.

Attorney(s) appearing for the Case

Dennis Moran (argued) and William A. Keller , Moran Windes & Wong, PLLC, Seattle, WA, for the defendant-third-party-plaintiff-appellant.

Anthony J. Gaspich (argued) and Russell R. Williams , Gaspich & Williams PLLC, Seattle, WA, for the plaintiffs-appellees.

Troy D. Greenfield , Deborah L. Carstens , Erica A. Krikorian and Jerret E. Sale (argued), Bullivant Houser Bailey PC, Seattle, WA, for third-party-defendant-appellee.

Before: SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.

OPINION

FISHER, Circuit Judge:

In this admiralty case, Resolute Industries, Inc., appeals an adverse summary judgment on its products liability claims against Webasto Products NA, Inc., the manufacturer of a heater that caught fire on Curtis Oswalt's boat during repairs performed by Resolute's employee. Resolute also challenges a judgment in Oswalt's favor on his claim against Resolute for breach of the implied warranty of workmanlike performance. We must...

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