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Monday, April 6, 2020

Manufacturer wants suit over allegedly defective trailer moved to federal court

Federal Court

By Marian Johns | Dec 10, 2019

Intech

WILLIAMSPORT – An Indiana trailer manufacturer is attempting to move a lawsuit filed by a Lackawanna County auto body and sales business to the U.S. District Court for the Middle District of Pennsylvania.

Replica Auto Body Panels and Auto Sales Inc. filed a complaint Oct. 21 in the Court of Common Pleas of Lycoming County against iNtech Trailers Inc. alleging negligence, strict liability and breach of express and implied warranty. 

iNtech filed a notice of removal Nov. 22 in the U.S. District Court for the Middle District of Pennsylvania arguing the district court has subject matter jurisdiction. 

Replica alleges in its suit that after 11 months of "moderate use" that the trailer purchased from the defendant began to have defects, such as warping of the floors, fenders and cracks in the trailer's structural frame. Replica claims the cracks are due to design flaws and that the trailer is not safe for road travel. It alleges it had to lease a different trailer for more than $3,000. 

Replica seeks monetary relief of more than $75,000, interest and all other just relief. It is represented by George Reihney, Danielle Mulcahey and Ryann Loftus of Wright, Reihner & Mulcahey in Scranton. iNtech is represented by John Dean of Elliott Greenleaf & Dean in Wilkes-Barre. 

U.S. District Court for the Middle District of Pennsylvania case number 4:19-CV-02018-MWB

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