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Contracts — breach of warranty — consequential damages

Wisconsin Court of Appeals

Civil

Contracts — breach of warranty — consequential damages

CNH America, LLC petitioned this court for leave to appeal from an order granting partial summary judgment to Ametek, Inc. The trial court held that CNH would not be allowed to recover consequential damages related to its use of solenoid starter switches it purchased from Ametek and installed in CNH tractors from February 2006 through October 2007. We granted CNH’s petition. Because a genuine issue of fact exists regarding whether Ametek caused the consequential damages at issue in this case, we reverse. Not recommended for publication in the official reports.

2011AP1079 CNH America LLC v. AMETEK Inc.

Dist II, Racine County, Constantine, J., Gundrum, J.

Attorneys: For Appellant: Kircher, Mark A., Milwaukee; Nolan, Patrick S., Milwaukee; For Respondent: Peterson, Mark A., Milwaukee; Moffitt, David R., Wayne, PA; Cawley, Mark C., Philadelphia, PA

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