RED ROSE TRANSIT AUTHORITY v. NORTH AMERICAN BUS INDUSTRIES ("NABI") et al

Filing 60

ORDER THAT DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN ITS ENTIRETY. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/16/13. 1/17/13 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RED ROSE TRANSIT AUTHORITY,
Plaintiff
vs.
NORTH AMERICAN BUS
INDUSTRIES,
Defendant

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CIVIL ACTION

NO. 11-1146

ORDER
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:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.