Kerr Chemicals, Inc. v. Crown Cork & Seal Co.

Plaintiff DeYoung suffered the loss of an eye and other serious injuries as a result of the explosion of a can of aerosol spray paint. The explosion occurred while he was shaking the can preparatory to painting a refrigerator in the course of his employment by defendant Baker, doing business as Associated Refrigerator '& Equipment Co. The can in which the paint had been contained was manufactured by cross-complainant (here), Crown Cork & Seal Co., and had been sold as one of a lot of 120,-000 to cross-defendant, Kerr Chemicals, Inc. Kerr filled it with a mixture of paint and Freon gas plus an agitator and a valve. It was one of a number of such cans sold by Kerr to Associated. DeYoung sued Crown and Kerr for his injuries. Associated, originally a defendant, was dismissed on the last day of the original trial. Plaintiff received a verdict and judgment for $150,000 against both remaining defendants. The net judgment was paid, Crown and Kerr each contributing one-half. Before that judgment, however, and in the original action, Crown and Kerr had cross-complained against each other. After the original judgment, the action proceeded on the cross-complaints. Kerr sought to…