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Business Associations Keyed to Hamilton
Nissen Corp. v. Miller
Facts
Brandt (P) bought a treadmill designed, manufactured, and marketed by American Tredex Corp. who later became Nissen Corp. (D). During the takeover, Nissen Corp (D) expressly excluded assuming liability for injuries arising from any American Tredex product. Brandt (P) and his wife eventually sued American Tredex, Nissen, and the store that sold them the treadmill for negligence, strict liability, breach of express and implied warranties, and loss of consortium. The store cross claimed Nissen (D) for indemnity and contribution; Nissen (D) was granted summary judgment. On appeal, the appellate court reversed. The supreme court granted review.
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