This remaining count was eventually disposed of on October 7, 1997, when defendant's motion for summary judgment was granted in its entirety. The hearing justice denied the motion with respect to the fraud count, transformed it into a motion for a more definite statement, and gave plaintiffs twenty days to replead the fraud allegation. The parties consented to the granting of the motion in regard to the strict product liability and res ipsa loquitur counts. The hearing justice found that the limitation of liability clause contained on the Super 8 film package was valid, therefore, defendant could not be held liable for damages beyond the value of replacement film. The motion for summary judgment was granted on June 9, 1995, in respect to the unconscionability, breach of implied warranty of merchantability, and negligence counts. Except for such replacement this product is sold without warranty or liability even though defect, damage or loss is caused by negligence or other fault * * *.” The limitation of liability clause's pertinent part reads: “Limitation of Liability: This product will be repaired if defective in manufacture or packing. The defendant pointed to the limitation of liability clause contained on price sheets and film boxes provided to plaintiffs to show that defendant could not be subject to any additional liabilities. The defendant filed a motion for summary judgment on March 24, 1995, arguing that defendant had complied with all the terms of the contract by replacing the defective film and crediting plaintiffs' account for the unused film. The original six-count complaint alleged unconscionability, breach of implied warranty of merchantability, fraud, strict product liability, negligence, and res ipsa loquitur and sought incidental, consequential, and punitive damages. The plaintiffs subsequently sued defendant for damages allegedly caused by the Super 8 film's inability to operate correctly.
#Supersync stops syncing movie
Whether the movie was successfully completed with the replacement film is a subject of dispute between the parties and beyond the scope of this appeal. On March 22, 1994, plaintiff returned the camera and plaintiffs' account was credited for the unused film. When her troubleshooting efforts proved fruitless, she replaced the Super 8 film with Kodak Reverse film and the camera operated successfully. A representative of the defendant, Lisa Mattei, offered advice by phone and subsequently traveled to Charlestown with a replacement camera and Kodak Reverse film. Unfortunately, on the first day of filming, plaintiffs' cameraman was unable to use the Super 8 film due to loading and jamming problems.
#Supersync stops syncing pro
In preparation for the filming, plaintiffs rented a Beaulieu 7008 Pro 8 millimeter camera and bought 108 rolls of Super 8 Sound high resolution color negative film from the defendant Super 8 Sync Sound System. One of their projects, “The Night of the Beast,” was scheduled for filming from March 12 throat the General Stanton Inn in Charlestown, Rhode Island. Haas, produce and film low budget movies. The plaintiffs, Star-Shadow Productions, Inc., and Bruce J. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be decided at this time. This case came before the Court for oral argument on May 19, 1999, pursuant to an order that directed both parties to appear in order to show cause why the issues raised by this appeal should not be summarily decided. Barone, North Providence, for Plaintiffs.
Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.Įrnest G.
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