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Products Liability Keyed to Fischer, 6th Ed.
Owens & Minor, Inc. v. Ansell Healthcare Products Inc.
Citation:
251 S.W.3d 481 (2008)Facts
Owens & Minor distributed latex gloves manufactured by various companies. In January 2000, Kathy Burden filed a products liability action alleging she developed a Type I systemic allergy from defective latex gloves manufactured and sold by Owens, Ansell, Becton, and more than thirty other manufacturers and sellers. Owens requested that Ansell, Becton, and eleven other manufacturers defend it pursuant to Section 82.002. Ansell and Becton each offered to defend Owens, but limited their defense to claims involving gloves they manufactured. Owens rejected these offers and hired outside counsel. The case was eventually nonsuited against Owens when the plaintiffs could not show Owens sold any of the latex gloves that allegedly injured Burden. The case was later dismissed against all defendants. Owens filed cross-claims for indemnity against several manufacturers, including Ansell and Becton, seeking recovery of all its defense costs. The district court granted summary judgment for Ansell and Becton, holding they had satisfied Section 82.002 by offering to defend Owens against claims involving their own products.
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