Indemnity Insurance Co. of North America v. Deere and Co., No. 2:11-CV-00260-GHD-JMV, 2012 U.S. Dist. LEXIS 135890 (N.D. Miss. Sept. 24, 2012)

(three cotton pickers caught fire in area of machine where lint and debris could collect, but was difficult to clean without disassembly; machines were destroyed and plaintiff paid owner for losses; plaintiff brought claim as subrogee to recover for costs of machinery paid to owners; defendant filed motion to dismiss or summary judgment; defendant’s attempted disclaimer of implied warranties were not valid under state law, so they did not protect from claims made; under plaintiff’s claim of breach of implied warranty, court held defendant was a merchant and manufacturer under state law and questions of fact remained as to whether cotton pickers were merchantable at time of sale and whether notice of alleged breach was given to defendant with given opportunity to correct, so claim survived summary judgment; plaintiff’s claim of implied warranty of fitness for a particular purpose, however, was dismissed because cotton pickers were purchased to pick cotton, their ordinary use, so there was no proof of the claim).