Hininger v. Case Corp.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
In this products liability action, plaintiff seeks to recover her lost profits and repair costs resulting from the failure of combine wheels manufactured by defendant and supplied to Case for incorporation into the combines. The district court awarded plaintiff recovery on her negligence claims and denied her recovery on her implied warranty claims. Because we conclude that her negligence claims are barred by the “economic loss” rule, we reverse that part of the court’s judgment. Because we conclude that she cannot assert an implied warranty claim for economic…
2Cases cited12 opinions
- East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
- Southwestern Bell Telephone Co. v. DeLanneyTexas Supreme Court · 1991
- Jim Walter Homes, Inc. v. ReedTexas Supreme Court · 1986
- La Sara Grain Co. v. First National Bank of MercedesTexas Supreme Court · 1984
- Nobility Homes of Texas, Inc. v. ShiversTexas Supreme Court · 1977
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3Cited by35 opinions
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- Bocre Leasing Corp. v. General Motors Corp.New York Court of Appeals · 1995
- Sterling Chemicals, Inc. v. Texaco Inc., Texas Court of Appeals, 1st District (Houston)2007
- Memorial Hermann Healthcare System, Inc. v. Eurocopter Deutschland, GmbHCourt of Appeals for the Fifth Circuit · 2008
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