Cooperative Power Association v. Westinghouse Electric Corp.
Supreme Court of North Dakota
493 N.W.2d 661 (1992)
Relevant factsFree
Westinghouse (defendant) sold a defective transformer to CPA (plaintiff) that damaged only the transformer itself; CPA sued in tort, and Westinghouse moved for summary judgment, arguing the loss was purely economic and remediable only in contract. The district court certified the question to the North Dakota Supreme Court.
IssueFree
Whether a manufacturer of a machine sold in a commercial transaction may be held liable in negligence or strict liability for economic loss caused by a failure of a component part of the machine that causes damages to the machine only.
Related cases
East River Steamship Corp. v. Transamerica Delaval Inc.476 U.S. 858 (1986)Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc.620 So. 2d 1244 (Fla. 1993)Lincoln General Insurance Company v. Detroit Diesel Corporation293 S.W.3d 487 (2009)Calloway v. City of Reno993 P.2d 1259 (2000)Sharyland Water Supply Corp. v. City of Alton354 S.W.3d 407 (2011)