Utah International, Inc. v. Caterpillar Tractor Co.

OPINION

MINZNER, Judge.

Plaintiffs appeal from the district court’s order granting defendant’s motion to dismiss for failure to state a claim. Plaintiffs’ amended complaint sought tort damages under theories of strict liability and negligence for injury to a coal hauler which plaintiff Utah International bought from defendant.

Defendant contended in its motion to dismiss that plaintiffs’ losses were not recoverable in a tort action. We agree.

We hold that between parties in a commercial setting, when there is no large disparity in bargaining power, economic loss'arising from a product injuring…