Opinion
Civil Action 23-1857
09-26-2024
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY A/S/O SIGNAL SERVICE INC., Plaintiff, v. FORD MOTOR COMPANY AND ALTEC INDUSTRIES, INC., Defendants.
ORDER
HODGE, KELLEY B., J.
AND NOW, this 26th day of September, 2024, upon consideration of Defendant Ford Motor Company's Motion to Dismiss and Altec Industries, Inc.'s Joinder thereto (ECF Nos. 5, 16) (together, the “Defendants' Motions”) and the responses thereto (ECF Nos. 12, 17-18), and for the reasons set forth in the accompanying Memorandum, IT IS ORDERED that Defendants' Motions (ECF Nos. 5, 16) are GRANTED IN PART and DENIED IN PART to the following extent:
1. Defendants' Motions are GRANTED IN PART and DENIED IN PART as to Counts III and VI:
• Defendants' Motions are GRANTED as to Plaintiff Pennsylvania National Mutual Casualty Insurance Company A/S/O Signal Service Inc.'s (“Plaintiff”) breach of express warranty claims. Plaintiff's breach of express warranty claims are DISMISSED.
• Defendants' Motions are DENIED as to Plaintiff's breach of implied warranty claims.
3. Defendants' Motions are DENIED as to Counts I, II, IV, and V.
4. Within fourteen (14) days of this Order, Defendant Ford Motor Company shall file an Answer to Plaintiff's Complaint.
IT IS SO ORDERED.