DATE OF JUDGMENT: 08/13/2012.
COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT, TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT DISPOSITION: GRANTED SUMMARY JUDGMENT IN FAVOR OF APPELLEES.
FOR APPELLANT: MATTHEW WARREN KITCHENS, JOHN W. KITCHENS.
FOR APPELLEES: DAVID AARON NORRIS, LAWRENCE MURRAY COCO III, STEPHEN FRIEDRICH SCHELVER.
BEFORE LEE, C.J., BARNES AND ISHEE, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR. CARLTON, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
NATURE OF THE CASE: CIVIL - PROPERTY DAMAGE
¶1 This case stems from a defective-product action that was filed in the Rankin County Circuit Court on April 29, 2011, by Johnson Trucking Company against Peterbilt Truck Center of Jackson LLC and Caterpillar Inc. In its complaint, Johnson Trucking alleged causes of action for tortious breach of contract, breach of warranty, breach of fiduciary duties, and fraud in the inducement relating to its purchase of a truck from Peterbilt that contained a Caterpillar engine.
¶2 After filing an answer to Johnson Trucking's complaint, both Peterbilt and Caterpillar filed motions for summary judgment, asserting that Johnson Trucking's claims were barred by the applicable statutes of limitations. The motions were granted. Johnson Trucking filed a motion for reconsideration, which was denied. Johnson Trucking now appeals. Finding error, we reverse the circuit court's judgment and remand the case for a new trial consistent with this opinion.
STATEMENT OF FACTS
¶3 On September 29, 2004, Johnson Trucking purchased from Peterbilt a 2005 model truck containing a Caterpillar C15 engine. In connection with the purchase of the truck, Johnson Trucking also purchased " On-Highway Vehicle Engine Extended Service Coverage" (extended-service coverage), which provided for any necessary repairs or replacement of the Caterpillar engine with limits of thirty-six months and 300,000 miles. On September 28, 2005, Johnson Trucking extended its coverage to limits of seventy-two months and 700,000 miles.
¶4 Approximately three months after the purchase of the truck, oil began blowing out from under the engine and the dipstick area, causing the dipstick to come out of the engine. Johnson Trucking initially took the truck to Peterbilt for repairs, but was referred to Caterpillar. Caterpillar advised Johnson Trucking that the truck would need to be repaired, which included putting in a new " kit." It took approximately three months for the kit to come in and the repairs to be made. Caterpillar informed Johnson Trucking that the ...