Chicago, IL -- (SBWire) -- 11/09/2015 --In 2011, Summit Forest Products Company, a wood supplier, sued children's furniture manufacturer Child Craft LLC after alleging that the company had not paid for wood shipments dating as far back as 2008. Prior to the lawsuit, Child Craft made a decision to cease operations, claiming that Summit had supplied them with subpar wood that affected their business practices and contributed to the company's demise. Upon learning of Summit's accusations, Child Craft filed counterclaims, including one for negligent misrepresentation against Summit and its owner Ronald Bienias. Child Craft alleged that misstatements were made to it regarding the wood products and whether they would conform to Child Craft's specifications.
At the conclusion of the trial, the court found Summit and Bienias liable for negligent misrepresentation. Damages totaling $4.04 million were assessed against them. After the judgment, Summit made the decision to retain Tomlinson Law Office. After the firm filed a motion for reconsideration of the judgment, the district court decided to reduce the judgment to $2.7 million dollars. Tomlinson Law file an appeal. On August 24, 2015, Tomlinson Law obtains reversal of $2.7 million judgement relating to the negligent misrepresentation claims in the U.S. Court of Appeals for the Seventh Circuit.
Michael Tomlinson, the attorney who presented the oral argument in the case, stated, "Justice was definitely served in Summit's case. Indiana's economic loss rule stops individuals and businesses from recovering in tort for damages that result from a breach of contract. This rule was acknowledges that the law already makes provisions for commercial parties to negotiate contract terms in order to cover the risk of loss due to contract breaches. This includes Summit's delivery of what Child Craft claimed to be subpar wood."
Tomlinson went on to say, "While there are a few exceptions to this rule, the court found that none of those exceptions were applicable to this particular case. We are thrilled with the result obtained for our client and are grateful to have played a role in making it happen. In this case, the law was on our side."
"Our goal at Tomlinson Law Firm is to fully meet each client's litigation and legal needs. Our team takes the time to fully understand and explore all viable options in every case, giving clients the personal attention they truly deserve. We could not be more happy that the hard work paid off for Summit Forest Products Company as well as Ronald Bienias when all was said and done."
About Tomlinson Law Office, P.C.
Tomlinson Law Office is a business litigation and counseling law firm based in Chicago, Illinois. Its attorneys are committed to providing each client with aggressive yet practical legal strategy and advice at affordable rates. The firm's approach is to fully understand each client's business and their needs so that only the most useful and effective legal advice is provided in every case.
