Bruce Martin Construction, Inc. v. CTB, Inc., No. 13-1022 (8th Cir. 2013)
Annotate this CaseBruce Martin filed suit against CTB for negligent misrepresentation and breach of express warranty after the power sweeps it purchased from CTB did not work. The court concluded that it's decision in Dannix Painting, LLC v. Sherwin-Williams foreclosed Bruce Martin's argument that the district court erred in concluding that Missouri's economic loss doctrine precluded its negligent misrepresentation claim. Further, the court concluded that the district court did not err in granting summary judgment to CTB on Bruce Martin's breach of express warranty claim. Under Indiana law, the court agreed with the district court that Bruce Martin had alleged a defect in the design of the sweeps that was not covered by CTB's warranty against "defects in material and workmanship." Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Breach of warranty. Missouri's economic loss doctrine precluded plaintiff's negligent misrepresentation claim - see Dannix Painting, LLC v. Sherwin-Williams Co., No. 13-1025 (8th Cir., Oct. 21, 2013); under Indiana law, the district court did not err in granting summary judgment to defendant on plaintiff's breach of warranty claim as the defect here was one of design and not a warranty-covered defect in material and workmanship.
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