REM Coal Co., Inc. v. Clark Equip. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a cause of action in tort does not exist “where the only resulting damage is to the product itself.”
• recognizing and upholding the holding in Johnson
• “[Limitation of liability is an entirely appropriate brake on the manufacturer’s liability in a case involving only the loss of the bargained for product.”
• “[Njegligence and strict liability theories do not apply in an action between commercial enterprises involving a product that malfunctions where the only resulting damage is to the product itself.”
• “[W]e adopt the standard ... under which recovery in tort is barred in product liability actions ... where the only damage alleged is to the product itself ...”
• all holding that tort theories of negligence and strict products liability cannot afford recovery in actions between commercial enterprises where the only damage is to the product itself

Source: CourtListener parenthetical corpus (CC0).