sw4400 Posted February 23, 2009 Report Share Posted February 23, 2009 I saw in a related article about the CTA pulling all 226 NABI 60-LFW's off the street that they have a lawsuit pending in court against NABI for poor workmanship on it's buses(I wish I could find the link for you to see). NABI is counter-suing the CTA for breach of contract. If you were the Judge overseeing this case and had a chance to hear both sides fairly, who do you think you'd base your judgement in favor of...? -the CTA or -NABI Quote Link to comment Share on other sites More sharing options...
Busjack Posted February 23, 2009 Report Share Posted February 23, 2009 The first thing I learned watching The People's Court is that you can't judge unless you see all the paperwork that Judge Milian takes into chambers. You haven't disclosed them here. I have also mentioned such things as people assuming that consequential damages may be awarded for breach of warranty, again without seeing the papers. Also, what experts will be called by either side hasn't been disclosed. However, the reports about lawsuits indicate that it might not be going to arbitration, as I thought. Also, if you want to play lawyer, one has to consider the Uniform Commercial Code on the effect of accepting goods, and then claiming breach of warranty. Not as easy as one thinks. Quote Link to comment Share on other sites More sharing options...
twyztdmynd Posted February 23, 2009 Report Share Posted February 23, 2009 If you were the Judge overseeing this case and had a chance to hear both sides fairly, who do you think you'd base your judgement in favor of...? -the CTA or -NABI Favor CTA. Would you sue Al Piemonte for selling you a defective Neon, or would you go to Dodge and get them ??? Its the manufactures problem for selling faulty equipment. Do you think Boeing still doen't research their 737's for stress and quality? After all, lives depend on it. Quote Link to comment Share on other sites More sharing options...
dann Posted February 24, 2009 Report Share Posted February 24, 2009 I saw in a related article about the CTA pulling all 226 NABI 60-LFW's off the street that they have a lawsuit pending in court against NABI for poor workmanship on it's buses(I wish I could find the link for you to see). NABI is counter-suing the CTA for breach of contract. If you were the Judge overseeing this case and had a chance to hear both sides fairly, who do you think you'd base your judgement in favor of...? -the CTA or -NABI CTA. Nabi should have done enough testing to ensure that their products will stand up to real-life use. And I like the Boeing analogy I saw elsewhere. Quote Link to comment Share on other sites More sharing options...
Busjack Posted February 24, 2009 Report Share Posted February 24, 2009 Favor CTA. Would you sue Al Piemonte for selling you a defective Neon, or would you go to Dodge and get them ???Again, it is because the warranty provides the exclusive remedy. Actually, in the absence of the warranty, you would have to sue Al Piemonte, because of privity of contract issues. However, that is moot here, since there was no dealer. Quote Link to comment Share on other sites More sharing options...
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