Badilla v. Wal-Mart Stores East Inc.

Plaintiff Kenneth Badilla bought a pair of work boots at Wal-Mart. He claimed the soles of the boots came unglued, causing him to trip and injure his back. More than three years later, he sued Wal-Mart and its store manager (Defendants) for breach of express and implied warranties. In his complaint plaintiff sought damages for personal injuries he claims were caused by the boots’ alleged failure to conform to their warranties. Defendants moved for summary judgment, which the district court granted on two grounds: (1) that Plaintiff’s complaint was time-barred by the application of the three-year statute of limitation for causes of action for torts; and (2) that there were no genuine issues of material fact to rebut plaintiff’s inability to establish the elements for breach of express and implied warranty. The Court of Appeals affirmed the district court’s grant of summary judgment on the statute of limitations issue, and because its determination on that issue was dispositive, it abstained from addressing the second basis upon which the district court granted summary judgment. Plaintiff sought review of the Court of Appeals’ decision by petition for writ of certiorari, asking this Court to determine whether his claims for personal injury damages resulting from breach of warranties were subject to the four-year limitation period set out in Section 55-2-725 or the three-year limitation period for tort actions found in Section 37-1-8. Upon review, the Supreme Court held that the UCC’s four-year statute of limitation governed breach of warranty claims, including those seeking damages for personal injuries resulting from the breach. View "Badilla v. Wal-Mart Stores East Inc." on Justia Law