Q&H Prevail in Appellate Court. $11+ Million Flooring Claim Dismissed
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Guolee and Callicoat Prevail in Appellate Court. $11+ Million Flooring Claim Dismissed
Querrey & Harrow Shareholders Terrence Guolee and Jason Callicoat are celebrating a ruling from The Illinois First District Appellate Court, upholding a Motion for Summary Judgment that prevented a food company's claims that a flooring failure caused over $11 Million dollars of lost food production sales.
Of note, while the plaintiff's claims were also directed at the general contractor that installed the flooring, the general contractor was uninsured, defunct, and without any real assets to pay any potential damages. As such, all damage claims were primarily directed against Q&H's client, which consulted on the flooring product selections.
In the Trial Court, and following dozens of depositions and many contested motions, Mr. Guolee convinced the court that summary judgment in favor of Q&H's client on plaintiff’s negligent misrepresentation and breach of implied warranty counts was proper, with the Trial Judge finding that Plaintiff's negligent misrepresentation count was precluded under the Moorman doctrine and that the warranty count was precluded under section 2-607(3)(a) of the Unified Comercial Code (UCC) 810 ILCS 5/2-607(3)(a)(West 2016).
Following the dismissal of the case in the trial court, Mr. Guolee was assisted by Mr. Callicoat in the briefing on the plaintiff's appeal to the First District Appellate Court, with the Appellate Court agreeing with the rulings in the Trial Court and, in addition, striking over $11 million dollars in damages that Plaintiff would have demanded from Q&H's client.