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RONEKER v. KENWORTH TRUCK CO.

September 18, 1996

EARL RONEKER, Plaintiff,
v.
KENWORTH TRUCK COMPANY and DETROIT DIESEL CORP., Defendants.



The opinion of the court was delivered by: HECKMAN

 The parties have consented to have the undersigned conduct all further proceedings in this matter, including entry of judgment, in accordance with 28 U.S.C. ยง 636(c). Defendants Kenworth Truck Company ("Kenworth") and Detroit Diesel Corp. ("DDC") have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, defendants' motions are granted in part and denied in part.

 BACKGROUND

 Plaintiff is a self-employed truck driver. On December 31, 1992, he purchased a 1993 Kenworth T600B truck, which contained an engine manufactured by DDC. Kenworth's warranty agreement covering the sale provided:

 
* * *
 
Your sole and exclusive remedy against Kenworth . . ., arising from your purchase and use of this vehicle, is limited to the repair or replacement of defective materials or workmanship at Authorized Kenworth Class 8 Dealers . . . .
 
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
 
EXCEPT FOR THE ABOVE WARRANTY, KENWORTH . . . MAKE[S] NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND MAKE[S] NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
IT IS AGREED THAT KENWORTH . . . SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES including, but not limited to: loss of income; damage to vehicle, attachments, trailers and cargo; towing expenses, attorney's fees and the liability you may have in respect to any other person.

 (Item 24, Ex. F(B)).

 The DDC warranty covering the engine *fn1" provided:

 
Defects
 
This warranty covers Engine REPAIRS to correct any malfunction occurring during the WARRANTY PERIOD resulting from ...

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