United Concrete & Constr., Inc. v. Red-D-Mix Concrete, Inc.

Plaintiff purchased certain batches of concrete from Defendant that were allegedly defective. Plaintiff used the concrete to pour outdoor installations at various properties. When problems arose with the installations, several property owners transferred their putative right to sue Defendant over to Plaintiff. Plaintiff then sued Defendant in both its own name and in that of the assignees, alleging tort and contract claims, among others. The circuit court granted summary judgment for Defendant, concluding, inter alia, (1) Plaintiff's claims through the property owners and its tort claims were barred by the economic loss doctrine, and (2) damages were insufficiently established to support the remaining claims. The court of appeals reversed. The Supreme Court affirmed but on different grounds, holding (1) the court of appeals erred in determining that the claims Plaintiff asserted through the assignments were valid when, with two exceptions, the economic loss doctrine barred the homeowners from suing Defendant and thus barred Plaintiff from suing in their name; but (2) the court of appeals correctly reversed the circuit court for finding all of the asserted damages speculative. Remanded with directions to dismiss the claims asserted through the assignments and to allow the remaining claims to proceed to trial. View "United Concrete & Constr., Inc. v. Red-D-Mix Concrete, Inc." on Justia Law