MONTGOMERY, Ala. – PikNik Products Company, Inc. has settled a lawsuit claiming wantonness, willful fraud, reckless and mistaken fraud, breach of contract and breach of warranty for $262,000.
PikNik, a family owned business since 1923, filed suit against U.s. Bottlers Machinery Company alleging that a machine they purchased from U.s. Bottlers did not perform to its expectations. In order to meet production requirements and to cut back on waste, PikNik purchased a Weigh-Filler from U.s. Bottlers. The Weigh-Filler is capable of filling to a specific weight”
“The Defendant told our client that the Weigh Filler would accurately fill containers to a specific weight at 170 bottles per minute,” said plaintiff attorney Scarlette Tuley, with Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. “However, the Weigh Filler only filled 70 bottles per minute resulting in loss of production.”
“PikNik has also encountered excessive component failure with the Weigh Filler, resulting in substantial expense, waste, delay and downtime,” said Tuley.