DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172732P.pdf 01/11/2019 Iowa Great Lakes Sanitary Dist v. Travelers Casualty and Surety
U.S. Court of Appeals Case No: 17-2732
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] Loken, Author, with Smith, Chief Judge, and Gruender, Circuit
Judge]
Civil case - Warranties. Without expert testimony plaintiff could not
establish that on-going problems with a waste water disinfecting system
were caused by equipment defects that breached the express warranty for
the system; further, plaintiff could not justify its decision to reject
the company's offer to repair and replace, the exclusive remedy provided
in the warranty, and request a refund of the purchase price without such
expert testimony; as the district court properly granted the manufacturer
summary judgment on plaintiff's claim of defective work, plaintiff could
not recover under a performance and maintenance bond issued by Travelers;
under the provisions of the bond plaintiff could not unilaterally reject
the equipment years after completion without showing through expert
testimony some kind of defect.