Legal Opinion

Gerling American Insurance v. E.I. duPont De Nemours & Co.

Massachusetts Superior Court

Decided May 21, 2004No. 200001574Published

1Opinion of the Court

Agnes, A.J.

1. This is a civil action in which the defendant maintains it is entitled to summary judgment under Mass.R.Civ.P. 56 principally because the doctrine of economic loss precludes plaintiffs from recoveiy. The essential facts are not in dispute. The defendant is the manufacturer of a solvent known as “Vertel XMS” (hereafter, “Vertel”) that was used by Schott Fiber Optics of Southbridge, Massachusetts to clean glass fibers that comprised the fiber optic image bundles (collections of glass fibers capable of transmitting an image from one end to the other) it manufactured. These image…

2Cases cited4 opinions

  1. FMR Corp. v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1993
  2. Berish v. BornsteinMassachusetts Supreme Judicial Court · 2002
  3. Barber Lines A/s v. M/v Donau MaruCourt of Appeals for the First Circuit · 1985
  4. Commonwealth v. TLT Construction Corp.Massachusetts Superior Court · 1999

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