TX STATETexas Supreme Court
1999

Fitzgerald v. Advanced Spine Fixation Systems, Inc.

996 S.W.2d 864Texas Supreme Court • Decided 1999Enforced
FLAGSHIPBroad IndemnificationCited 1,055 times

HOLDING

A Texas court ruled that manufacturers must pay a seller's legal costs in product liability lawsuits, even if that seller didn't sell the specific defective product that caused the injury. Ken Fitzgerald sold spinal fixation devices but wasn't the one who sold the devices that harmed the plaintiffs. He was still sued and had to defend himself. The court said the manufacturer must reimburse him for his legal fees and defense costs. This matters to subcontractors because it means you can recover litigation costs from suppliers and manufacturers when you're dragged into lawsuits over their defective products.

KEY FINDINGS

Broad Indemnification

If you're sued over a defective product you sold (even if you didn't sell the exact unit that caused injury), you can demand the manufacturer pay your legal defense costs.

FULL COURT OPINION