The opinion of the court was delivered by: Cohill, Chief Judge.
Presently before the Court are several motions for summary
judgment. Every party, except the plaintiff, has moved for
summary judgment against every other party. These motions are
the culmination of months of discovery disputes and motions for
Specifically, the tedious and tortured path of this case has
now led to the following motions:
1) Defendants/third-party plaintiffs' Motions for Summary
Judgment Against all three third-party defendants;
2) Defendants' Motion for Summary Judgment against the
3) Third-party defendant Baron Manufacturing Company's Motion
for Summary Judgment (presumably against the
defendant/third-party plaintiff though that is not specifically
stated anywhere in the motions or briefs);
4) Third-party defendant Baron Manufacturing Company's Motion
for Summary Judgment against third-party defendants Mittelman
& Company and Henssgen Karabinerhaken G.m.b.H.;
5) Third-party defendants' Mittlemann & Co. and Henssgen
Karabinerhaken G.m.b.H. Motion for Summary Judgment against
6) Third-party defendant Henssgen Hardware Corporation's
Motion for Summary Judgment against defendants/third-party
Given that all these motions arise out of the same incident
we will dispose of them in one opinion.
The parent company named as the defendant in this action is
UGI Development Company ("UGI"). At the time of the accident
Mr. Chelton was employed by International Petroleum Services
Company ("IPSCO"), a wholly owned subsidiary of UGI. IPSCO also
has a wholly owned subsidiary named Keystone Oilfield Supply
Company ("KOSCO") which Mr. Chelton also named as the defendant
in his suit.
IPSCO drills oil and gas on property owned or leased by its
customers. KOSCO sells oilfield drilling supplies to drillers.
The plaintiff has presented evidence that, in the early 1980's,
IPSCO instigated a policy that IPSCO would purchase all
supplies from KOSCO. As a result, Mr. Chelton named KOSCO as a
defendant as well.
Both KOSCO and UGI are defendants because the plaintiff
contends they supplied him with the defective hook. The sellers
of a defective product could be liable to the plaintiff under
any of the three theories of liability in the complaint.
KOSCO/UGI subsequently filed cross claims against Henssgen
Hardware Corporation ("HHC") and Baron Manufacturing Company
("Baron"), supposedly the only distributors of this type of
snap hook in the United States. After further investigation,
KOSCO also joined Mittelman & Company ("Mittelman"), the
alleged manufacturer of the ...