Purchase of Assets. In January 1981, Frederick Brandt purchased a Tredex treadmill from Atlantic Fitness Products. The treadmill was manufactured by American Tredex Corporation. In July 1981, Nissen Corp purchased all of the assets of American Tredex, as well as its goodwill and the name American Tredex. The contract for the purchase of assets expressly excluded assumption of liability for injuries arising from any product previously sold by American Tredex. Although Nissen did not continue to manufacture and sell the treadmills, it did continue to sell replacement parts for equipment that had been sold by American Tredex before the sale of its assets. After Nissen's purchase of American Tredex's assets, Brandt obtained replacement parts for his treadmill from Nissen. In the fall of 1986, Brandt was injured when he caught one of his fingers in the treadmill's operating mechanism while adjusting the treadmill. Brandt and his wife sued Nissen and Atlantic Fitness to recover damages, alleging, among other things, negligence and breach of warranty. Nissen moved for summary judgment, contending that it was not responsible for any injuries involving equipment sold or manufactured by American Tredex prior to the date of the asset purchase agreement (July 1981). Should the court grant Nissen's motion? Why or why not?
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