Ford Motor Company v. Edgewood Properties Inc., No. 06-1278; U.S. District Court (DNJ); opinion by Salas, U.S.M.J.; filed May 18, 2009. DDS No. 07-7-3878 [20 pp.]
This case arises out of the demolition of a Ford assembly plant in Edison. Plaintiff Ford Motor Company and defendant Edgewood Properties Inc. entered into a contract whereby Ford agreed to provide 50,000 cubic yards of concrete to Edgewood in exchange for Edgewood hauling it off the site. The concrete turned out to be contaminated. Ford brought this action against Edgewood, asserting claims under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and the New Jersey Spill Act for contribution and indemnification for all costs as provided under the contract. Edgewood counterclaimed, asserting breach of warranty, common-law fraud, unjust enrichment, violation of the New Jersey Consumer Fraud Act, contractual indemnification and violations of the Spill Act.
