POWER OF BLOGS

Insight Center: Blogs

North Carolina Federal District Court Dismisses Tort Claims Based on Same Duty and Breach Alleged in Plaintiff's Contract Claims

Precision Hydraulic Cylinders, Inc. v. Manufacturing. Technology, Inc., No. 7:18-CV-203-FL, 2019 BL 344743, 2019 U.S. Dist. LEXIS 156670 (E.D.N.C. Sept. 13, 2019)

Author: Jane Fox Lehman

10/03/2019

Read the full post at Constructlaw

North Carolina Federal District Court Dismisses Tort Claims Based on Same Duty and Breach Alleged in Plaintiff's Contract Claims

Precision Hydraulic Cylinders, Inc. (Precision) issued a series of purchase orders to Manufacturing Technology, Inc. (MTI) to weld steel components together to create hydraulic cylinders. MTI agreed to develop welds for Precision’s small and large cylinders under two separate purchase orders.

The district court dismissed Precision’s negligence and negligent misrepresentation claims pursuant to the economic loss doctrine because they were not “independent, identifiable, and distinct” from Precision’s breach of contract claims. The conduct on which they were based, MTI’s provision of failed welds, was the same. And the duty Precision alleged was owed, to exercise reasonable care in developing the welds, was the same.

Data protection laws have changed, so we have revised our Privacy Policy.

CLOSE