RED ROSE TRANSIT AUTHORITY v. NORTH AMERICAN BUS INDUSTRIES ("NABI") et al
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,
NORTH AMERICAN BUS
AND NOW, this
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:
The plaintiff is limited to contract remedies for damage to Bus #135 by
operation of the economic loss doctrine;
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
The plaintiff’s claims regarding damage to property other than Bus #135
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.
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