Appellate Court Dismisses Case Against Defendant (Appellate Decision)
Troy A. Lundquist and Stacy K. Shelly were upheld on appeal. The appellate court affirmed the trial court’s dismissal of all the Plaintiff’s claims of property damage to their tractor, totaling over $130,000, against the defendant tractor dealer. Both courts agreed with the defendant that the plaintiff was barred from bringing a tort claim against the defendant where the damage was limited to the product itself – the subject tractor. The courts also agreed that the defendant dealer was not bound by the manufacturer’s warranty for the tractor, and that there was no claim that could be sustained by the plaintiff against the defendant.