Texas Court Declares Siding a 'Product,' Installer a 'Seller' Under PLA

BEAUMONT, Texas - A Texas appellate court that vacated a judgment requiring a siding manufacturer to indemnify an installer for contractual damages decided an issue of first impression in holding that the synthetic stucco siding is a "product" and the siding installer a "seller" within the meaning of the state's Product Liability Act. K-2, Inc. v. Fresh Coat, Inc., No. 00-09-5961 CV (Texas Ct. App., 9th Dist.).

The 9th District Court of Appeals on April 10 vacated that portion of a jury verdict holding the manufacturer liable for $1,203,995.50 in settlement payments made by the installer to the home developer, …