Miller v. Pettibone Corp.

CRAWLEY, Judge.

On July 17, 1991, Thomas Miller sued Pet-tibone Corporation (the “corporation”) and other defendants, alleging various claims arising out of difficulties Miller had experienced with a Barko 775 feller buncher, manufactured by the corporation. Miller amended his complaint several times and dismissed various defendants from the action. When the case proceeded to trial, the only claims at issue involved breach of express warranty, breach of implied warranty, revocation of acceptance, negligent repair, and negligent training of repair personnel.

At the close of Miller’s case in…