Dismissal of defendant’s indemnification action via summary judgment is reversed where: 1) the district court was permitted to, and did effectively, enter adverse summary judgment sua sponte when it denied defendant’s motion for summary judgment; 2) it would be improper at this point to allow defendant to alter its posture as to choice of law when it invited the district court to apply Missouri law; and 3) the court improperly granted summary judgment in favor of third-party defendant on the ground that it did not owe a duty to the plaintiff coextensive and identical to the duty defendant owed to the plaintiff.
Read G.T. Sales and Manufacturing v. HBD Industries, No. 08-1849
Appellate Information
Submitted: October 16, 2008
Filed: August 17, 2009
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