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Yarchak v. Trek Bicycle Corp.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


June 25, 2002

JOSEPH M. YARCHAK, PLAINTIFF,
v.
TREK BICYCLE CORPORATION, VETTA U.S.A. LIMITED, SELLE ITALIA, S.R.L., AND BRUNSWICK CORP., DEFENDANTS.

The opinion of the court was delivered by: Irenas, District Judge

ORDER GRANTING DEFENDANTS VETTA U.S.A., LTD. AND SELLE ITALIA, S.R.L.'S MOTIONS FOR SUMMARY JUDGMENT ON COUNTS I AND III OF PLAINTIFF'S AMENDED COMPLAINT AND DENYING DEFENDANT TREK BICYCLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT ON COUNT I OF PLAINTIFF'S AMENDED COMPLAINT AND COUNT II OF ITS THIRD PARTY COMPLAINT

This matter having appeared before the Court upon Defendants Trek Bicycle Corporation, Vetta U.S.A., Ltd., Selle Italia, S.R.L.'s Motions for Summary Judgment, and the Court having considered the submissions of the parties, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,

IT IS on this 25th day of June, 2002,

ORDERED THAT:

1. Defendant Vetta U.S.A., Ltd.'s Motion for Summary Judgment with respect to Count I (negligence) and Count III (strict products liability) of Plaintiff's Amended Complaint is hereby GRANTED;

2. Defendant Selle Italia, S.R.L.'s Motion for Summary Judgment with respect to Count I (negligence) and Count III (strict products liability) of Plaintiff's Amended Complaint is hereby GRANTED;

3. Defendant Trek Bicycle Corporation's Motion for Summary Judgment with respect to Plaintiff's strict products liability claim, contained in Count III of Plaintiff's Amended Complaint, is hereby DENIED.

4. Defendant Trek Bicycle Corporation's Motion for Summary Judgment with respect to its third party claim for common law indemnification against Co-defendant Selle Italia, S.R.L., contained in Count II of Defendant Trek's Third Party Complaint, is hereby DENIED.

5. Plaintiff may proceed with his claims for negligence (Count I), breach of express and implied warranty (Count II), and strict products liability (Count III), against Defendant Trek Bicycle Corporation. Plaintiff's claim for breach of implied or express warranty against Defendants Selle Italia, S.R.L., and Vetta USA, Ltd., also remains in the litigation.

6. Defendant Trek Bicycle Corporation may proceed with its third party claims for contribution and indemnification against Co-defendants Selle Italia, S.R.L., contained in Counts I through III of Trek Bicycle Corporation's Third Party Complaint, and Vetta USA, contained in Counts IV through VI of Trek Bicycle Corporation's Third Party Complaint. Defendant Selle Italia, S.R.L, may proceed with its cross-claims for contribution and indemnification against Co-defendants Trek Bicycle Corporation and Vetta USA. Defendant Vetta USA may proceed with its cross-claims for contribution and indemnification against Co-defendants Trek Bicycle Corporation and Selle Italia, S.R.L.

JOSEPH E. IRENAS, U.S.D.J.

20020625

© 2002 VersusLaw Inc.



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