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Oasis Oil Corporation v. Koch Refining Company, L.P.

The traditional notion of causation is not an element of the seller's statutory claim for indemnity; instead of proving either proximate or producing causation in the traditional manner, a claimant need only prove that it is a statutory seller who suffered a qualifying loss in a products liability action as defined by statute and that the defendant qualifies as a statutory manufacturer.

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On appeal from the 347th District Court of Nueces County, Texas.

OPINION

Appellants, Oasis Oil Corporation and Oasis Transportation and Marketing Corporation (“Oasis”), sold a product manufactured by appellee Chemical Process & Production, Inc. (“CP&P”), to Koch Refining Company (“Koch”). The product allegedly damaged Koch’s refinery. Koch brought suit against Oasis, which sought indemnity from CP&P under chapter 82 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. � � 82.001 – 82.006 (Vernon 1997). CP&P filed both traditional and no-evidence motions for summary judgment, and the trial court granted summary judgment in favor of CP&P. The dispositive question in this appeal is whether Oasis, the seller of the product, was entitled to indemnity from CP&P, the manufacturer, against loss arising from the product liability action instituted by Koch. Because we find that the summary judgment cannot stand on any ground asserted by CP&P, we reverse and remand.

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