TOKIO MARINE HCC et al v. DAIMLER TRUCKS NORTH AMERICA, LLC et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 47 Report and Recommendations, 21 Motion to Dismiss for Failure to State a Claim filed by DAIMLER TRUCKS NORTH AMERICA, LLC, FREIGHTLINER, LLC. Signed by Judge Richard L. Young on 6/7/2017.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

U.S. SPECIALTY INSURANCE
COMPANY, and
CITY OF COLUMBUS, INDIANA,

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)
)
)
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Plaintiffs,
)
)
vs.
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DAIMLER TRUCKS NORTH AMERICA, )
)
LLC,
)
Defendant.
)

1:16-cv-03210-RLY-MJD

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
In 2007, the City of Columbus, Indiana, purchased a 2007 Freightliner from
Daimler Trucks North America, LLC, to use as a trash hauler. On May 11, 2015, the
engine compartment of the Freightliner caught fire, causing extensive damage to the
truck and two other packer trucks parked nearby at the time. The City of Columbus and
its insurer, U.S. Specialty Insurance Company, filed this lawsuit against Daimler to
recover insurance proceeds paid to the City.
On January 6, 2017, Daimler filed a Motion to Dismiss Plaintiff’s Complaint
(Filing No. 21) under Federal Rule of Civil Procedure 12(b)(6). The court referred the
matter to the Magistrate Judge, who issued his Report and Recommendation. He
concluded Defendant’s Motion should be granted with respect to (1) Plaintiff’s claim for
breach of the implied warranty of merchantability and (2) Plaintiff’s product liability tort
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claim as to the 2007 Freightliner truck, and denied with respect to the other two packer
trucks damaged in the fire. Neither party objects. Consequently, the court reviews the
Report and Recommendation for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734,
739 (7th Cir. 1999).
After reviewing the record, this court is satisfied that the Magistrate Judge did not
commit clear error. Therefore, the court ADOPTS the Magistrate Judge’s Report and
Recommendation (Filing No. 47).
SO ORDERED this 7th day of June 2017.

Distributed Electronically to Registered Counsel of Record.

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