Wausau Tile, Inc. v. County Concrete Corp.
Wisconsin Supreme Court
226 Wis. 2d 235, 593 N.W.2d 445 (1999)
- Written by Sharon Feldman, JD
Facts
Wausau Tile, Inc. (Wausau) (plaintiff) manufactured and sold concrete blocks called pavers. Wausau contracted with Medusa Corporation (defendant) to supply cement and with County Concrete Corporation (County) (defendant) to supply aggregate. Medusa’s express warranty stated it would remedy or replace cement that did not meet particular specifications but would have no further liability for general, special, or consequential damages. Wausau sued Medusa, County, and their insurers (defendants) for breach of warranty and contract, negligence, and strict liability. Wausau claimed that pavers had expanded and cracked because of the reaction between Medusa’s excessively alkaline cement and high concentrations of silica in County’s aggregate. Wausau alleged it had sustained damages in remedying property-damage and personal-injury claims and lost business and profits. Relying on the economic-loss doctrine, the trial court dismissed Wausau’s tort claims against Medusa. The Wisconsin Court of Appeals affirmed and certified the case to the Wisconsin Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Crooks, J.)
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