NORTHLAND INDUSTRIES, INC. v. KOUBA

No. 19-0835.

620 S.W.3d 411 (2020)

NORTHLAND INDUSTRIES, INC., d/b/a Magnum Fitness, JHTNA Manufacturing, L.L.C., and Johnson Health Tech North America, Inc., Petitioners, v. Gilbert KOUBA, Individually and as Representative of the Estate of Audrey Kouba, Karen Williams and Curtis Kouba, Respondents.

Supreme Court of Texas.

Opinion Delivered: October 23, 2020.

Rehearing Denied January 22, 2021.


Attorney(s) appearing for the Case

Patricia Kay Dube , Marcie L. Schout , James H. Moody III , for Petitioner.

Leland M. Irwin , for Respondent.


In this dispute arising from a fatal treadmill injury, the sole issue is whether the entity who purchased the treadmill manufacturer's assets assumed an implied warranty of merchantability that attached, and was not disclaimed, when the manufacturer sold the treadmill. We hold that under the asset...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases