Court of Appeals of Texas November 10, 1983, No. B14-82-846CV (Wagner v. Kroger Co.)

PAUL PRESSLER, Justice.

This is an appeal from the trial court’s order overruling appellant’s plea of privilege. We affirm.

Appellee, Kroger, sued appellee, Valcon, for damages sustained in the collapse of a roof on a Kroger’s warehouse addition being built by Valcon. Valcon filed a third party indemnity and contribution action against Ben Wagner and other sub-contractors.