Rardin v. T & D Machine Handling, Inc.
United States Court of Appeals for the Seventh Circuit
890 F.2d 24 (1989)
Relevant factsFree
Jack Rardin (plaintiff) bought a printing press from Whitacre-Sunbelt, which hired T & D Machine Handling (defendant) to disassemble and load the press for transport; T & D negligently damaged the press, delaying Rardin's ability to put it into use as planned. After settling his claims against Whitacre, Rardin sued T & D directly in tort for his resulting lost profits, and the district court dismissed for failure to state a claim; Rardin appealed.
IssueFree
Whether a commercial plaintiff may recover consequential damages in tort to account for lost profits.
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