Nada Pacific Corp. v. Power Eng'g & Mfg., Ltd.

*1209 ORDER GRANTING BESSER’S MOTION FOR SUMMARY JUDGMENT

[Re: ECF No. 71]

INTRODUCTION

In this action, several entities sued each other after a mierotunnel boring machine broke down while it was boring an underground tunnel on a construction project for the San Francisco Public Utilities Commission (“SFPUC”). Plaintiff Nada Pacific Corporation (“Nada”) leased and operated the machine as a subcontractor for the project’s general contractor, and Defendant/counter-defendant Besser Company (“Besser”) manufactured a component in the machine. Besser moves for summary judgment against Nada on three grounds: (1) Nada is judicially estopped from arguing that Besser’s allegedly defective component caused the boring machine to fail because Nada argued before a dispute resolution board established by its general contractor’s contract with the SFPUC that site conditions caused the machine to fail; (2) alternatively, Nada cannot use the collateral source rule to obtain a duplicate recovery of the amounts it recovered from its general contractor for the same damages it seeks in this case; and (3) alternatively, Nada has put forth evidence of only its economic losses and thus the economic…