Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Secura Insurance v. Super Products LLC

Court of Appeals of Wisconsin, District II

July 31, 2019

Secura Insurance, A Mutual Company, Intervening Plaintiff-Respondent,
v.
Super Products LLC, Defendant-Third-Party Plaintiff-Appellant, Wisconsin Utility Exposure, Inc., Involuntary-Plaintiff-Respondent, ABC Insurance Company, Defendant,
v.
ABC Insurance Company and Paccar, Inc. d/b/a Peterbilt Motors Company, Third-Party Defendants.

          APPEAL from a judgment of the circuit court for Waukesha County, Cir. Ct. No. 2015CV2286 KATHRYN W. FOSTER, Judge.

          Before Neubauer, C.J., Reilly, P.J., and Gundrum, J.

          NEUBAUER, C.J.

         ¶1 This case involves the application of the economic loss doctrine to a negligence claim brought against Super Products LLC. Secura Insurance, a Mutual Company, seeks recovery for damages arising from an allegedly defective product sold by Super Products to Secura's insured pursuant to a contract. Because the circuit court erred in determining that the economic loss doctrine did not bar the negligence claim, we reverse and remand for further proceedings.

         BACKGROUND

         ¶2 Wisconsin Utility Exposure, Inc. (WUE), purchased an excavator called a Mud Dog from Super Products pursuant to a contract with a limited warranty. The Mud Dog was comprised of a truck chassis and cab on which Super Products installed the Mud Dog heavy excavation equipment. The Mud Dog was the source of a fire that damaged the Mud Dog.

         ¶3 WUE was compensated by Secura for property damage it sustained in the fire. Secura then filed suit against Super Products, asserting a claim for negligence, and seeking recovery for the payments to WUE. Secura alleged that Super Products was negligent in its design of and modifications to the Mud Dog.

         ¶4 Secura sought three categories of damages based on its payments to WUE.

         ¶5 First, a variety of items, including stepladders, a trash can, a wheelbarrow, boots, hoses, tools, and other equipment stored in or around the Mud Dog were physically injured (other property). Super Products concedes Secura's negligence claim is available under the economic loss doctrine's "other property" exception for the physical injury to the other property.

         ¶6 Second, Secura seeks damages for the total loss of the Mud Dog.

         ¶7 Third, expenses were incurred to clean up the Mud Dog and debris from the Mud Dog. The invoice for the cleanup identifies services for "Removal, Analytical, Profiling, Transportation and Disposal of Liquid Wastes Generated from Hydro Excavator Involved in a Fire." The detail includes vacuums, roll off boxes and trucks, drums, disposal of water, and waste analysis and disposal.

         ¶8 In October 2016, Super Products moved for partial summary judgment contending that the economic loss doctrine precluded recovery in tort for damage to the product and the clean-up expenses.

         ¶9 In response, Secura conceded that the damage to the product and the clean-up costs would ordinarily be subject to the economic loss doctrine's bar, but argued that because there was physical injury to other property (stepladders, etc.), the economic loss doctrine did not apply. The circuit court agreed with Secura holding that, when there is damage to both the product and other property the economic loss doctrine permits a negligence claim seeking recovery for both, despite the parties' contractual remedies.

         ¶10 The parties entered into a Consent Judgment in which they agreed to settle for a certain amount in the event Super Product's challenge to the circuit ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.