Blevins v. New Holland North America, Inc.

OPINION AND ORDER

JONES, District Judge.

The question presently before the court in this products liability case is whether a limitation of remedy is unconscionable within the meaning of the Uniform Commercial Code so as not to bar a breach of warranty claim for personal injury to the buyer’s employee. Finding that the injured employee has failed to meet his burden to show unconscionability, I grant summary judgment to the defendant as to the plaintiffs breach of warranty claim.

I

Douglas M. Blevins filed this action against New Holland North America, Inc. (“New Holland”) seeking damages as the…