Indeck Power Equipment Co. v. Jefferson Smurfit Corp.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

This case is before the Court on plaintiff Indeck’s motion to dismiss Count I of Defendant Smurfit’s counterclaim for strict product liability. For the reasons cited below, the motion is DENIED.

BACKGROUND

Plaintiff Indeek Power Equipment Company (Indeek) owns and leases various types of power generating equipment, including large, trailer mounted boilers designed to generate processed steam. Defendant Jefferson Smurfit Corporation (Smurfit) leased one of plaintiff’s trailer-mounted boilers to provide a temporary source of steam while the…