Legal Opinion
McGraw-Edison Co. v. Northeastern Rural Electric Membership Corp.
Indiana Supreme Court
Decided April 22, 1997No. 35S04-9507-CV-800PublishedCited by 5 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
The parties are buyer and seller of a piece of equipment under an agreement that included a limitation of liability among its “Standard Terms and Conditions.” This case deals with the ability of such a provision to limit the seller’s liability under Indiana’s Product Liability Act. We hold that the waiver in this ease was ineffective.
In 1978, Northeastern Rural Electric Membership Corp. (Northeastern) purchased electrical power station equipment from McGraw-Edison for approximately $71,000. The quotation that Northeastern accepted stated that it was…
2Cases cited19 opinions
- McDermott, Inc. v. AmClydeSupreme Court of the United States · 1994
- Ayr-Way Stores, Inc. v. Chitwood Ex Rel. ChitwoodIndiana Supreme Court · 1973
- Hawkins Construction Co. v. Matthews Co., Inc.Nebraska Supreme Court · 1973
- Cornette v. Searjeant Metal Products, Inc.Indiana Court of Appeals · 1970
- Greeno v. Clark Equipment CompanyDistrict Court, N.D. Indiana · 1965
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3Cited by5 opinions
- Scott Weigle v. SPX CorporationCourt of Appeals for the Seventh Circuit · 2013
- Paper Manufacturers Co. v. Rescuers, Inc.District Court, N.D. Indiana · 1999
- Guerrero v. Allison Engine Co.Indiana Court of Appeals · 2000
- CHARLES RANDOLPH HARRELL v. BMS PARTNERS, LLC d/b/a BROWARD MOTORSPORTSDistrict Court of Appeal of Florida · 2022
- McGraw-Edison Co. v. Northeastern Rural Electric Membership Corp.Indiana Supreme Court · 1997