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Indemnity Insurance Company of North America v. Gross-Given Manufacturing Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


September 16, 2009

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A/S/O/ SPRINGFIELD TOWNSHIP SCHOOL DISTRICT, PLAINTIFF,
v.
GROSS-GIVEN MANUFACTURING COMPANY AND RIH, INC. F/K/A ROWE INTERNATIONAL, INC. DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 16thday of September, 2009, upon consideration of Defendant's motion for summary judgment, Plaintiff's cross-motion for summary judgment, and the responses thereto, and for the reasons contained in the Court's Memorandum dated September 16, 2009, it is hereby ORDERED that:

1. Defendant's Motion for Summary Judgment (Document No. 21) is GRANTED in part and DENIED in part as follows:

a. The motion is DENIED as to the strict liability and product warranty claims.

b. The motion is GRANTED as to the negligence claim.

2. Plaintiff's Motion for Partial Summary Judgment on the issue of successor liability (Document No. 26) is GRANTED in part and DENIED in part as follows:

a. The motion is GRANTED as to the strict liability and product warranty claims.

b. The motion is DENIED as to the negligence claim.

20090916

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