Magno-Humphries, Inc. v. Apex Label & Systems, Inc.

No matter claimed as error will be considered on appeal unless the claim of error is assigned as error in the opening brief in accordance with ORAP 5.45(1). To assign error, the appellant must "identify precisely the ruling that is being challenged." The challenged ruling should be quoted or contained in the excerpt of record.

Magno-Humphries, Inc. (Magno-Humphries) appealed the judgment the trial court and assigned error to the court's order granting Apex Label & Systems, Inc.’s (Apex) motion for partial summary judgment. Magno-Humphries manufactures vitamins, supplements, and over-the-counter products. Apex prints labels for pharmaceutical companies, and Tapp, its parent corporation, prints wine and food labels. Apex quotation forms included the statement, "Liability for defective product is limited to the price charged for the labels and/or labeling products only." In late 2008, a recall ensued due to the labels tearing and sticking. Magno-Humphries appealed the partial summary judgment ruling by the lower court. On appeal, Magno-Humphries argued that the trial court erred in granting Apex’s motion for partial summary judgment. As to Apex, Magno-Humphries argued that they did not accept the limited liability provision. As to Tapp, Magno-Humpries argued that Tapp could not be protected by a limited liability provision when Tapp contended it is not a party to the contracts. The Court of Appeals concluded that the trial court did not err in granting defendant's partial summary judgment. Affirmed.