Utility Equipment, Inc. v. Morbark Industries, Inc.

Plaintiff brought this action to recover labor costs incurred in replacing a defective part in tree chippers manufactured by defendant. The trial court granted partial summary judgment for defendant on plaintiffs claims for breach of implied warranties, negligence and statutory damages pursuant to the National Traffic Motor Vehicle Safety Act, 15 USC § 1381, et seq. After trial on the remaining claims, the jury found against plaintiff on its claims for breach of express warranty and quantum meruit but found in favor on its indemnity claim. Plaintiff assigns as error the trial court’s granting…