OMW prevails in Court of Appeals
July 24, 2019
Dan Glavin and Kathleen Erickson successfully defended the trial court’s grant of summary judgment in a claim for damages incurred when a combine caught fire, resulting in destruction of the combine and an attached corn head. The Court of Appeals concluded that the economic loss doctrine barred recovery on theories of product liability or negligent repair, and that the sales documents effectively disclaimed the implied warranty of merchantability. Indiana Farm Bureau a/s/o Lemler v. Bane-Welker Equipment, et al., Court of Appeals of Indiana, 18A-PL-2368 (July 24, 2019).