OMW Obtains a Summary Judgment in Products Liability Case

September 01, 2018

Dan Glavin and Kathleen Erickson won summary judgment for a farm equipment distributor in a products liability/breach of warranty claim. A used combine and corn header sold by the distributor was alleged to have caught fire, resulting in total loss of the equipment. Plaintiff sued the distributor and the manufacturer of the equipment, alleging that the combine was defective, and that the distributor breached a warranty of merchantability. The trial court granted defendants’ motions for summary judgment on the grounds that the economic loss doctrine barred recovery in tort for damage to the equipment itself, and that any warranty was effectively disclaimed in the purchase order.

Indiana Farm Bureau Insurance a/s/o Lemler v. Bane-Welker Equipment et al., Marshall Circuit Court Cause No. 50C01-1710-PL-48, September 4, 2018.