CompFox AI Summary
Kenneth Powell was injured and his spouse killed in an accident involving a tire and wheel-rim assembly. He sued Charles Offutt Company, who then filed a third-party complaint against several manufacturers, including Firestone Tire & Rubber Company and Freightliner Corporation, for contribution and indemnity. Powell subsequently amended his complaint to include these manufacturers as direct defendants. Firestone and Freightliner were granted summary judgment against Powell's direct claims. Offutt then sought summary judgment for its indemnity and contribution claims against Firestone and Freightliner. The court examined whether contribution or indemnity is recoverable from a party against whom the injured party (Powell) has no cause of action, specifically when claims are barred by summary judgment or statute of limitations. The court rejected Offutt's argument for an exception to the general rule that such claims are derivative. Consequently, the court granted summary judgment in favor of Firestone and Freightliner, ruling that Offutt was not entitled to contribution or indemnity.
Powell v. Charles Offutt Co. is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
Kenneth Powell was injured and his spouse killed in an accident involving a tire and wheel-rim assembly. He sued Charles Offutt Company, who then filed a third-party complaint against several manufacturers, including Firestone Tire & Rubber Company and Freightliner Corporation, for contribution and indemnity. Powell subsequently amended his complaint to include these manufacturers as direct defendants. Firestone and Freightliner were granted summary judgment against Powell's direct claims. Offutt then sought summary judgment for its indemnity and contribution claims against Firestone and Freightliner. The court examined whether contribution or indemnity is recoverable from a party against whom the injured party (Powell) has no cause of action, specifically when claims are barred by summary judgment or statute of limitations. The court rejected Offutt's argument for an exception to the general rule that such claims are derivative. Consequently, the court granted summary judgment in favor of Firestone and Freightliner, ruling that Offutt was not entitled to contribution or indemnity.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.