Amana Society, Inc., et al. v. Excel Engineering, Inc.

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Amana seeks reversal of the district court's grant of summary judgment to Excel where the district court concluded that Amana failed to establish that Excel breached a duty of care to Amana in a design-certification letter that it supplied to the firm that Amana hired to construct an anaerobic digester. The court concluded that Amana could not establish that it justifiably relied on any statements from Excel and its engineer concerning the digester outputs because no relevant representations exist on which to rely; Excel never reviewed the final design or substrate proposal and therefore made no representations as to the feasibility of that design; and the district court correctly concluded that Amana could not have justifiably relied on Excel's review of the initial GHD design as a basis for liability due to the failure of a materially different design and utilization. Accordingly, the court affirmed the judgment of the district court. View "Amana Society, Inc., et al. v. Excel Engineering, Inc." on Justia Law