Products Liability: COMPEX INTERNATIONAL CO. LTC V. TAYLOR (SC 10/19/2006)

COMPEX INTERNATIONAL CO. LTC V. TAYLOR
Torts: Products liability and warranty of merchantability (UCC)
2005-SC-000228-DG.pdf
PUBLISHED: REVERSING (ROACH)
DATE RENDERED: 10/19/2006

Taylor filed a products liability claim against Compex for breach of the implied warranty of merchantability. The TC (Bell) granted Compex’s motion to dismiss the implied warranty claim due to a lack of privity between the parties. The COA reversed this ruling, as it found the claim permissible under KRS 355.2-318, which grants family members and household guests of a product’s buyers the requisite privity to maintain the claim. The SC reversed the COA holding that this statutory UCC section authorizes warranty claims only against a commercial seller, not a manufacturer such as Compex with whom the buyer has no contractual relationship.