Steiner v. Ford Motor Company2/22/2000
Filed 2/22/00 by Clerk of Supreme Court
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Norman J. Backes, Judge.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
[ ] Ford Motor Company appealed from a February 8, 1999, order awarding Barbara Steiner summary judgment on her tort claims against Ford for damages incurred when her 1993 Mercury Sable was destroyed by a fire. Ford also appealed from a March 8, 1999, order denying Ford's motion for summary judgment dismissal of Steiner's tort and warranty claims, and from a judgment, entered April 1, 1999, awarding Steiner $10,900 plus interest. We hold Steiner's tort claims are barred, as a matter of law, by the economic loss doctrine. We, therefore, reverse the judgment, the order granting Steiner summary judgment on the issue of tort liability, and the order denying Ford's motion for summary judgment on Steiner's tort claims. We remand with directions the trial court enter judgment dismissing Steiner's tort claims and hold further proceedings on Steiner's warranty claim.
I.
[ ] The Mercury Sable was originally purchased from Ford on May 20, 1993, by Budget Rental Car Systems. The car was resold on February 24, 1994, to a Ford dealer, from whom Steiner purchased it on March 29, 1994. On January 20, 1996, the car was destroyed by a self-ignited fire while it sat unattended in a parking lot. Steiner's auto insurer, Nodak Mutual Farm Bureau Insurance Company, paid her $10,900 damages and filed this action against Ford for subrogation of the claim. The complaint, filed June 21, 1996, alleged claims in tort and strict products liability and breach of express and implied warranties.
[ ] On December 17, 1998, Steiner filed a motion for partial summary judgment on liability. In support of the motion, Steiner argued she had expert witness testimony, undisputed by Ford, the fire was caused by an unreasonably dangerous and defective cooling fan and Ford negligently failed to warn of the defect. Ford responded there were disputed issues of fact about the cause of the fire. On January 22, 1999, Ford filed a motion for summary judgment requesting the court to dismiss Steiner's tort claims, asserting they were barred by the economic loss doctrine, and to dismiss Steiner's warranty claim, asserting it was barred "by the express terms of the warranty." On February 8, 1999, the trial court, without comment, entered an order granting Steiner's motion for summary judgment. On February 17, 1999, Ford moved for reconsideration of Steiner's summary judgment motion, arguing the same issues it had raised in its motion for summary judgment. The trial court entered "Judgment on Liability" against Ford on March 1, 1999. On March 8, 1999, the trial court entered an order, without comment, denying Ford's motion for summary judgment, and on March 9, 1999, the court entered an order denying Ford's motion for reconsideration. The parties then stipulated to damages in the amount of $10,900, and judgment was entered on April 1, 1999. Ford filed a notice of appeal on May 24, 1999.
II.
[ ] Steiner argues this Court does not have jurisdiction, because Ford did not file a timely appeal from the judgment on liability entered by the trial court on March 1, 1999. Steiner's argument is without merit. A partial summary judgment on the issue of liability, in the absence of court certification under N.D.R.Civ.P. 54(b), is not final and is not appealable. See Thompson v. Goetz, 455 N.W.2d 580, 583 (N.D. 1990). The trial court did not file a Rule 54(b) certification for the March 1, 1999, judgment on liability, and a final judgment was not entered until April 1, 199
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