Legal Opinion

Kenworth of Indianapolis, Inc. v. Seventy-Seven Limited, Convey All, LLC, Keller Trucking, Inc., K&K Aggregate, Inc., Huber Transport, LLC, Triple H Trucking, LLC, and Custom Hauling, Inc.

Indiana Court of Appeals

Decided September 28, 2018No. Court of Appeals Case 49A02-1710-PL-2502PublishedCited by 3 opinions

1Opinion of the Court

Crone, Judge.

Case Summary

[1] Kenworth of Indianapolis, Inc., et al. (collectively "the Defendants"), 1 manufactured and sold to Seventy-Seven Limited, et al. (collectively "the Plaintiffs"), 2 a fleet *1108 of dump trucks that vibrated excessively while idling or at specific RPMs. The Defendants were unable to correct the problem within the one-year/100,000-mile basic vehicle warranty period specified in the parties' warranty agreement, and they extended the warranty period to four years/250,000 miles. More than four years after the trucks were delivered, the Plaintiffs filed a complaint against…

Also in this document: Dissent.

2Cases cited52 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. Trans-Spec Truck Service, Inc. v. Caterpillar Inc.Court of Appeals for the First Circuit · 2008
  3. Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.Court of Appeals for the Second Circuit · 1979
  4. Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.Indiana Supreme Court · 2013
  5. Filip v. BlockIndiana Supreme Court · 2008

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3Cited by3 opinions

  1. Kenworth of Indianapolis, Inc. v. Seventy-Seven LimitedIndiana Supreme Court · 2019
  2. Martin v. Thor Motor Coach IncDistrict Court, N.D. Indiana · 2021
  3. Martin v. Thor Motor Coach IncDistrict Court, N.D. Indiana · 2022

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