Appeals Court clarifies application of UCC in Sizzler case
And provided to the Sizzler restaurants. The Kriefalls and other plaintiffs settled. This appeal concerns disputes between the Sizzler companies and Excel, primarily relating to indemnification.At trial, the jury found that Excel breached an “implied warranty of merchantability or implied warranty for the sale of food,” that Excel’s breach was a “cause of damage” to Sizzler USA, and as a result, Sizzler USA was entitled to $6.5 million for lost profits, $350,000 for lost franchise royalties and $311,000 for out of pocket expenses. See Kriefall , ¶ 3.
The jury also found that Excel's negligence in the sale of contaminated meat was a cause "injury to customers of E two hosts Sizzler restaurants that Excel was negligent at the time of the outbreak E. coli, and in the distribution causal fault, Excel was 80 percent causally negligent and E & B was 20 percent causally negligent. See id.
Claims and counter claims of liability under express and implied warrantyExcel appealed the finding that he is responsible for consequential damages under the U.S. Sizzler implied warranty.Sizzler USA Cross called and asked for damages that resulted from the breach of warranty Excel Excel express its meat would be safe and healthy, and that Excel has breached its implied warranty that its meat is marketable, suitable for be used in Sizzler restaurants and was "safe and fit for human consumption." See id., ¶ 7.
Express warranty claim was based on a "continuing guarantee" document between Excel and Sizzler International, Inc.(The parent company of Sizzler USA), who stated that each shipment was guaranteed to be "unadulterated ... under the Act Federal Food, Drug and Cosmetic ....« The Guaranty also continues explicitly denied "any incidental or consequential damages." See id., ¶ 8.
On summary judgment, the trial court held that Excel’s liability for consequential damages were specifically excluded by the Continuing Guaranty, and dismissed Sizzler USA’s express warranty claim, but the trial court also held that the disclaimer did not affect Excel’s duties under the implied warranty provisions of Wisconsin’s Uniform Commercial Code ( Wis. Stat section 402.314 ) or Sizzler USA’s remedies under the Code.
Section 402.
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