Coach USA, Inc. v. Van Hool N.V.
United States District Court for the Western District of Wisconsin
2006 U.S. Dist. LEXIS 88783 (2006)
- Written by Tammy Boggs, JD
Facts
In 2002, Coach USA, Inc. (Coach) (plaintiff) entered into a 60-month lease agreement with ABC Bus Company (ABC) (defendant). Under the agreement, Coach leased the use of a bus from ABC. The agreement contained a warranty clause that expressly disclaimed all warranties and provided that the bus was leased “as is.” ABC specifically disclaimed any warranty of merchantability or fitness and consequential and incidental damages. Further, in an indemnity clause, the parties agreed to shift “all liability” from ABC to Coach, no matter the cause of the liability. “Liability” was defined to include “any claim sounding in tort, contract or otherwise,” and included damage to person, property, real or personal, tangible or intangible, or any other claim, loss, or damage. Coach used the leased bus to transport passengers and passengers’ belongings. In 2005, the bus caught fire while in use, resulting in damage to the bus and passengers’ personal property. Coach sued ABC and the bus manufacturer (defendant), alleging negligence and seeking damages for the passengers’ personal property. ABC filed a motion to dismiss, arguing that the parties’ contract expressly barred Coach’s action.
Rule of Law
Issue
Holding and Reasoning (Crabb, J.)
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