If a defective product is part of an integrated system and it causes damage to other parts of the same system, the damage is not to "other property." The appellate court found that parts of Kmart's damages were "other property." Under the disappointed expectations test, however the "other property" exception does not survive if the damage was reasonably foreseeable. The disappointed expectations test is objective and generally concerns whether a reasonable purchaser of a product in the plaintiff's position should have foreseen the risk and anticipated the need for protection through the contract.
The Court of Appeals affirmed the District Court's grant of summary judgement, determining that although the school may have breached a legal duty, the auto accident was not foreseeable.
The defendant moved for summary disposition on the grounds that it could not be held liable because plaintiff's action of partially climbing into the machine constituted "misuse" that was not reasonably foreseeable.
Knot said, 'The combination of a difficult and fast changing regulatory environment coupled with the difficulties of trying to innovate in the financial markets post the 2008 crisis, have forced us to take the difficult decision to withdraw our application for the foreseeable future.'
KIEV, Shawwal 28, 1435, August 24, 2014, SPA -- Ukrainian President Petro Poroshenko said on Sunday Ukraine would be under constant military threat for the foreseeable future, announcing 40 billion hryvnia ($3 billion) would be spent on re-equipping the army in 2015-2017, Reuters reported.