United States Third Circuit
New Jersey Transit Corp. v. Harsco Corp., 06-3507
In an action brought by a transit agency raising claims for negligence, product liability, and breach of warranties arising from a contract to procure a track geometry inspection vehicle, summary judgment for the manufacturer/seller and other defendants is affirmed as, at the time the vehicle was destroyed by fire, all warranties had expired since there was no implied warranty of fitness for a particular purpose, and the implied warranty of merchantability was displaced by a paragraph's express warranty after one year.
Appellate Information
- Argued 06/28/2007
- Decided 08/07/2007
- Published 08/07/2007
Judges
- Before: BARRY, FUENTES, and GARTH, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- David W. Smith [Argued], Kevin J. Hughes, Cozen & O'Connor, Philadelphia, PA, for Appellant.
- For Appellees:
- John J. Weinholtz [Argued], David H. Tennant, Nixon Peabody LLP, Buffalo, NY, David W. Field, Lowenstein Sandler PC, Roseland, NJ, for Appellee Harsco Corp., E. Graham Robb, John C. Falls, John A. Miller, Jr. [Argued], Christie, Pabarue, Mortensen and Young, PC, Philadelphia, PA, Counsel for Appellees Detroit Diesel Corp., W.W. Williams Southeast, Inc. et al.