(DOWNLOAD) "Miller's Bottled Gas Inc. v. Borg-Warner Corp." by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Miller's Bottled Gas Inc. v. Borg-Warner Corp.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 03, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
RYAN, Circuit Judge. Plaintiff, Miller's Bottled Gas, Inc. (Miller's), purchased allegedly defective carburetors from defendant
Borg-Warner Corporation. Miller's appeals both the district court's summary judgment for Borg-Warner rejecting Miller's negligence-based
product-liability claim, and the court's directed verdict for Borg-Warner dismissing Miller's fraud and negligent misrepresentation
claims. With respect to the product-liability claim based upon alleged negligence, the issue before us is whether under Kentucky
law Miller's may recover for purely economic injury. We conclude that it may not do so. With respect to the fraud claim,
the issue is whether Miller's produced more than a scintilla of clear and convincing evidence that Borg-Warner made false
statements concerning the carburetors in order to induce Miller to rely upon the statements. We conclude that Miller produced
the requisite evidence. With respect to the negligent misrepresentation claim, the issue is whether Miller provided more than
a scintilla of evidence that Borg-Warner made false statements concerning the carburetors. We conclude that Miller produced
the requisite evidence on this point as well.
 "Miller's Bottled Gas Inc. v. Borg-Warner Corp." by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free){kind=link}