Moscatiello v. Pittsburgh Contractors Equipment Co.

Franco Moscatiello (plaintiff), awarded a state paving contract, bought a Curbmaster paving machine from Pittsburgh Contractors Equipment Co. (PCEC) (defendant) under a form contract whose reverse side, in fine print, disclaimed all warranties (including merchantability) and limited remedies to return of the purchase price while excluding consequential and incidental damages -- none of which PCEC ever pointed out to Moscatiello. The paver could not lay concrete evenly despite repeated repair attempts, and Moscatiello, who had never dealt with PCEC or Curbmaster before and was not a merchant regularly dealing in pavers, incurred additional costs satisfying the state's dissatisfaction; the trial court found for Moscatiello and awarded him $146,811.43 against PCEC and Curbmaster, who appealed.