Taylor | Anderson defended several companies involved in the transportation of crude oil.

The plaintiff was injured when the crude oil tanker truck he was driving rolled over and caught on fire. His employer had leased the truck and trailer from one of nine defendants (the other defendants were various related companies). The plaintiff alleged that the defendants breached various implied and express warranties. He also asserted a claim for misrepresentation under Section 402B of the Restatement (Second) of Torts.

Taylor | Anderson lawyers argued for summary judgment for all defendants as follows:

The eight related-company defendants did not sell or lease the truck or trailer to the plaintiff or his employer, so they were entitled to summary judgment as a matter of law.

The leasing defendant was also entitled to summary judgment as a matter of law since: (1) no implied warranty of merchantability ever arose because the truck and trailer were used goods; (2) no implied warranty of fitness for a particular purpose ever arose because the truck and trailer were used for their ordinary purpose; (3) no express warranties were ever made; and (4) no claim for misrepresentation under the Restatement (Second) of Torts § 402B was viable because any alleged statements were private, not public, and even if they were public, the claim was barred by a two-year statute of limitations.

Taylor | Anderson lawyers successfully obtained final summary judgment for all defendants. 

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