Koken v. Black & Veatch Construction, Inc.
United States Court of Appeals for the First Circuit
426 F.3d 39 (2005)
Black & Veatch Construction, Inc. (B&V), a general contractor, and Reliance Insurance Company (Reliance) (plaintiffs) brought suit for breach of warranty after a fire blanket manufactured by Auburn Manufacturing, Inc. (Auburn) and distributed by Inpro, Inc. (Inpro) (defendants) caught fire. The process of extinguishing the fire caused damage estimated at $9 million. When the blanket caught fire, B&V was using it to contain sparks in an area where welding was being done. B&V and Reliance sued Auburn and Inpro alleging breach of the warranty of merchantability because the fire blanket was unfit for its ordinary purpose. Auburn and Inpro did not contest whether B&V’s use of the fire blanket was an ordinary purpose. However, conflicting testimony was given at trial as to whether the blanket was unfit for the purpose for which it was used. Although B&V presented testimony that it was surprised that the blanket caught fire, the construction foreman testified that the blanket performed as expected and the type of holes caused by the fire were not uncommon. The trial court granted summary judgment on the breach of warranty claim, finding insufficient evidence that the fire blanket failed to perform as reasonably expected. B&V and Reliance appealed.
Rule of Law
Holding and Reasoning (Dyk, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.