Defendant executed a corporate supply agreement (CSA) with Motorola, which was a predecessor of Plaintiff, for a battery backup unit (BBU) that Motorola bought from Defendant company and placed in a module that was later sold to Verizon. Verizon claimed the BBUs malfunctioned, and settled for $12.56 with Plaintiff. Plaintiff sought indemnity under the CSA from Defendant company and its parent company, but they refused and lawsuit ensued. A question of material fact exists as to whether Defendant parent company is liable under the CSA. Court properly granted summary judgment to Plaintiff based on Defendant company's breach of CSA. Award of $12.56 million in damages and $3.435 million in prejudgment interest. (DELORT and HOFFMAN, concurring.)
Illinois Appellate Court
Civil Court
Contracts