SCD RMA, LLC d/b/a RMA SALES CO., INC., Plaintiff, vs. FARSIGHTED ENTERPRISES, INC.; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; and DOE ENTITIES 1-10, Defendants. FARSIGHTED ENTERPRISES, INC., Counterclaimant, vs. SCD RMA, LLC d/b/a RMA SALES CO., Counterclaim Defendant. FARSIGHTED ENTERPRISES, INC., Third-Party Plaintiff, vs. JAMES FERNANDO GUARDIA, JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; and DOES GOVERNMENTAL UNITS 1-10. Third Party Defendants., 591 F. Supp. 2d 1141

Summary

Plaintiff, the purchaser of the louvers, filed an action against the producer alleging breach of contract. The producer filed the third-party complaint against the designer alleging that he was responsible for the allegedly defective louvers because he created the original design upon which the producer relied in manufacturing the louvers. Although other pleadings filed by the producer named the designer as the purchaser's agent, the court rejected the designer's contention that the court should invoke the doctrine of judicial estoppel to prevent the producer from relying on a contract between the producer and designer. The prior pleadings were not inconsistent because it was possible for the designer to contract with both the purchaser and the producer. The producer's tort claims for negligent fulfillment of the contract were thinly veiled contract claims and, therefore, barred under Hawaii law. The producer's impleader was allowed to the extent that it could allege a breach of ...