IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 16, 2013
RED ROSE TRANSIT AUTHORITY, PLAINTIFF
NORTH AMERICAN BUS INDUSTRIES, DEFENDANT
The opinion of the court was delivered by: Lawrence F. Stengel, J.
AND NOW, this 16th day of January, 2013, upon consideration of the defendant's motion for partial summary judgment (Document #32), the plaintiff's response thereto (Documents #36 and #37), and the defendant's reply (Document #42), IT IS HEREBY ORDERED that the motion is GRANTED in its entirety.
IT IS FURTHER ORDERED that:
1. The plaintiff is limited to contract remedies for damage to Bus #135 by operation of the economic loss doctrine;
2. The plaintiff's claims regarding damage to Bus #135 are barred by the statute of limitations; accordingly, I will enter summary judgment on behalf of the defendant in Count III; and
3. The plaintiff's claims regarding damage to property other than Bus #135 survive.
BY THE COURT:
Lawrence F. Stengel
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