American Aerial Services v. Terex USA

39 F. Supp. 3d 95 (2014)

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American Aerial Services v. Terex USA

United States District Court for the District of Maine
39 F. Supp. 3d 95 (2014)

RW

Facts

Largely on the strength of a Terex USA, LLC (Terex) (defendant) data sheet’s representations, American Aerial Services, Inc. (American) (plaintiff) decided to buy a $615,000 Terex crane from Terex’s local dealer, Empire Crane Company, LLC (Empire) (defendant). The bottom of the advertising sheet’s front page carried a small-print disclaimer of any warranties concerning the crane’s lifting capacity. The middle of a paragraph on the back of the sheet stated that, other than a standard written warranty pertaining to the particular product and sale, Terex made no express or implied warranties concerning the crane. The one-page sales contract between American and Empire made no mention of warranties, warranty limitations, or warranty exclusions. The crane’s many defects and limited lifting capacity became apparent soon after American’s purchase. American sued Terex and Empire in state court, which transferred the case to the local federal court. Terex and Empire denied that the crane was subject to any express or implied warranties and moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Levy, J.)

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