ERIE — A contractor and installer of refractory products is suing manufacturing company RATH USA Inc., citing alleged breach of implied warranty.
ONEX Inc. filed a complaint June 5 in the U.S. District Court for the Western District of Pennsylvania, alleging that the defendant violated Pennsylvania's Uniform Commercial Code.
According to the complaint, the plaintiff was induced by the defendant's representative to purchase its Alsitra blankets specifically because of a claim that the material used in RATH's blankets would shrink “50-75 percent less” than its competitor’s material. However, ONEX said it quickly became apparent that the Alsitra blankets were shrinking more quickly than the ones the plaintiff previously used.
As a result, Onex said it received complaints from customers about Alsitra blankets it installed, resulting in damages.
The plaintiff claimed the defendant failed to provide a product that can perform as advertised and refused to pay for the costs Onex incurred in replacing its defective Alsitra blankets.
The plaintiff requests a trial by jury and seeks a judgment in an amount exceeding $75,000 along with all other relief allowed by law. It is represented by John F. Mizner and Joseph P. Caulfield of Mizner Law Firm in Erie, Pennsylvania.
U.S. District Court for the Western District of Pennsylvania case number 1:18-cv-00167-CRE