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SSP PARTNERS v. GLADSTRONG INV. (USA)

No. 05-0721.

275 S.W.3d 444 (2008)

SSP PARTNERS and Metro Novelties, Inc., Petitioners, v. GLADSTRONG INVESTMENTS (USA) CORPORATION, Respondent.

Supreme Court of Texas.

Delivered November 14, 2008.

Rehearing Denied February 27, 2009.

Attorney(s) appearing for the Case

Jennifer Rebecca Henderson, Fredrick F. "Rick" Rogers Jr., John Joseph Janssen, Porter, Rogers, Dahlman & Gordon, P.C., Corpus Christi, TX, Juan J. Hinojosa, Hinjosa & Powell, P.C., McAllen, TX, Roger W. Hughes, Scott T. Clark, Robert Barrett Ray, Adams & Graham, L.L.P., Harlingen, TX, for Petitioners.

Thomas C. Wright, Julia Leigh Kurtz, Michael A. Choyke, Lucy H. Forbes, Wright Brown & Close, LLP, Houston, TX, Jose E. Garcia, Francisco R. Villarreal, Garcia & Villarreal, LLP, Boone Channing Slusher, Slusher & Associates, McAllen, TX, for Respondent.

Ramon Garcia, Sonia I. Lopez, Eric Samuel Jarvis, Law Offices of Ramon Garcia, P.C., Edinburg, TX, Adolfo "Al" Alvarez, Law Office of Aldolfo Alvarez, McAllen, TX, Eloy Sepulveda, Fort Worth, TX, for Other Party In Interest.

Justice HECHT delivered the opinion of the Court.

In Texas, the seller of a defective product is subject to strict liability for damages the product causes even though the defect was not his fault, but he is generally entitled to indemnity from the manufacturer by statute1 and by common law.2 Is he entitled to indemnity from an upstream supplier other than the manufacturer...

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