A hearing was held April 18, 2019, in Peoria County, Illinois on Craney Law Group’s Motion to Dismiss Counts II, III, and IV of Third-Party Plaintiff’s Complaint. Judge Mark E. Gilles presided over the arguments. CLG Associate, Joshua A. Edelson, argued that Third-Party Plaintiff cannot maintain a separate tort action for contribution since this third-party lawsuit against the CLG-Client arose solely out of a contractual indemnity clause between Third-Party Plaintiff and CLG-Client. Further, it was argued that Count II – Breach of Implied Warranty of Fitness for a Particular Purpose – and Count III – Breach of Express Warranty – are contract law concepts that relate only to a sale of a “good” between a “buyer and a seller,” and that no such relationship or sale occurred whatsoever in this case between Third-Party Plaintiff and CLG’s Client. Thus, the main purpose of the contract between these parties was to obtain CLG-Client’s skilled services in the construction of the home at issue. Ultimately, after taking the issues under advisement, Judge Gilles recently granted Craney Law Group’s Motion to Dismiss on all three counts – II, III, and IV.
