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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/alitorts0016 and id is 1 raw text is: 





TORTS 3D: LIABILITY FOR ECONOMIC HARM


                                     (DRAFTS)



            CHAPTER 1.   UNINTENTIONAL INFLICTION OF ECONOMIC LOSS

§ 1. Liability for the Unintentional Infliction of Economic Loss: General Principles

N.D.Tex.2019. Com.  (c) quot. in cases quot. in disc. (quoting com. (c) to § 1 of T.D. No. 1, 2012).
Electric-power cooperative brought a lawsuit against power-generator designer, alleging, inter alia, that
defendant was liable under the tort theories of negligence and products liability for damages to a power
generator due to its faulty installation of software for a new generator control system. This court granted
defendant's motion for summary judgment, holding, inter alia, that plaintiff's tort claims were barred by
the economic-loss doctrine. The court cited Restatement Third of Torts: Liability for Economic Harm §
1, Comment  c, (T.D. No. 1, 2012) in explaining that public policy favored applying the economic-loss
rule because plaintiff's losses were purely economic in nature, the risks had been allocated between the
parties through contract negotiations, and contract law gave a more accurate summation of the damages
and remedies in this dispute. Golden Spread Cooperative, Inc. v. Emerson Process Management Power
& Water Solutions, Inc., 360 F.Supp.3d 494, 526, 539.


COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE
              All rights reserved
       Printed in the United States of America


For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.


ALI
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