Case Arising From Cotton Gin Accident Dismissed in Court of Appeal

February 1, 2010

Edmund G. Farrell, III and Michael J. Nunez defended J.G. Boswell from the initial suit to the Court of Appeal, where the claim was dismissed.
J.G. Boswell purchased a cotton gin from the manufacturer, and the cotton gin later injured plaintiff. Under the terms of the sale, J.G. Boswell agreed to indemnify the manufacturer for claims arising out of use of the machine. Plaintiff, Jimenez, was an employee of J.G. Boswell and suffered severe injuries in an on-the-job accident. She sued the manufacturer for products liability. The manufacturer declared bankruptcy. Plaintiff then cross-complained in her action, claiming she was a third party beneficiary of the sales agreement between her employer J.G. Boswell and the manufacturer.

Nuñez successfully argued a Motion for Summary Judgment, and Farrell handled the subsequent appeal. The Court of Appeal affirmed, holding there was no third party beneficiary of the purchase agreement.