Sentry Dairyland Insurance Company v. Eaton Electrical, et al.

Date: November 2006
Court: 68th Judicial District Court of Dallas County

Plaintiff sued for negligence and breach of warranty, alleging that a main heater contactor failed and caused a fire resulting in extensive property loss to an electroplating facility. HPTY represented both the manufacturer and non-manufacturing retailer of the main heater contactor.

After a nuisance value settlement on behalf of the manufacturer, HPTY filed a motion for summary judgment on behalf of the non-manufacturing retailer. Because the retailer did not participate in the design of the contactor; did not modify or alter the contactor in any way; did not install the contactor; and did not exercise any control over the warnings and instructions provided by the manufacturer for the contactor, HPTY argued that Plaintiff had no claims against the retailer per Texas Civil Practice and Remedies Code ยง 82.003. Plaintiff ultimately agreed to dismiss all remaining claims.