United States First Circuit

Summary judgment in favor of defendant in a tort action is affirmed where: 1) damage to a product caused by that product is economic loss and not recoverable in tort; 2) plaintiff's claims based upon breach of implied warranties were barred by the UCC's statute of limitations; and 3) there was no reason to apply the doctrine of equitable tolling.

Appellate Information

• Decided 03/17/2006
• Published 03/17/2006

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Randy W. Gimple, with whom Carlson, Calladine & Peterson, LLP were on brief, for appellant.


• For Appellees:
  
• Patrick J. Hagan, with whom J. Cross Creason, Dillingham & Murphy, LLP, Richard B. Kirby and Keegan, Werlin & Pabian, LLP were on brief, for appellee/cross-appellant Rantec Power Systems, Inc., Jonathan D. Mutch, with whom James S. Harrington and Robins, Kaplan, Miller & Ciresi, LLP were on brief, for cross-appellees Factory Mutual Research Corp. and Factory Mutual Insurance Company.