Dolan Mech. v. Thackray Crane Rental Inc.

Full title: DOLAN MECHANICAL, INC. Plaintiff, v. THACKRAY CRANE RENTAL, INC. Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Aug 18, 2022

Civil Action 21-3020 (E.D. Pa. Aug. 18, 2022)

Opinion

Civil Action 21-3020

08-18-2022

DOLAN MECHANICAL, INC. Plaintiff, v. THACKRAY CRANE RENTAL, INC. Defendant.

EDUARDO C. ROBRENO, JUDGE

ORDER

EDUARDO C. ROBRENO, JUDGE

AND NOW this 18th day of August, 2022, upon consideration of the cross-motions for summary judgment filed by Defendant Thackray Crane Rental (ECF No. 41) and Plaintiff Dolan Mechanical (ECF No. 42), and the responses thereto, and for the reasons stated in the accompanying memorandum, it is hereby ORDERED that:

1. Defendant's motion for summary judgment (ECF No. 41) is DENIED.

2. Plaintiff's motion for summary judgment (ECF 42) is GRANTED in part and DENIED in part as follows:

a. summary judgment is GRANTED in favor of Dolan and against Thackray on Count III of Dolan's complaint and on Thackray's Counterclaims I, III, VI, and V; and b. summary judgment is GRANTED in part and DENIED in part in favor of Dolan on Thackray's Affirmative Defense 6 to the extent that, while there is a genuine dispute of material

fact regarding whether Dolan is bound by the terms on the warehouse receipts, regardless, Dolan's damages are not capped by the damage limitation term therein.

It is further ORDERED that by September 2, 2022, in preparation for a final pretrial conference, the parties shall submit to the Court a list of remaining issues for trial and any requests for a settlement conference.

AND IT IS SO ORDERED.