Plaintiff, a tree trimmer, purchased a pair of Brahma brand mens work boots from Walmart on October

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Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots from Walmart on October 19, 2003. The boots’ packaging described the boots as “iron tough,” “rugged leather . . . men’s work boots.” Plaintiff wore the boots eight to twelve hours per day, six days a week, for about nine months. He claims that as the sole of “the boots wear down[,] the yellow rubber piece tends to unglue itself and roll up as you are walking, making it very dangerous when working.” Plaintiff states that this unglued piece of the sole of the boots caused him to trip, fall over, and injure his back. On July 28, 2004, Plaintiff was wearing the boots while at work cutting down dead tree limbs and removing the logs. When he began to move a log weighing about 150 pounds, the unglued sole of his boot got caught on debris, causing him to fall backward and drop the log on top of himself. He immediately felt a sharp pain in his back. The next morning, he was unable to get out of bed due to his back pain and was driven to the emergency room. He had x-rays and an MRI, which showed that he had two ruptured or bulging discs. Following five or six months of physical therapy, Plaintiff eventually underwent back surgery. Plaintiff filed his complaint against Defendants alleging breach of warranties on September 20, 2007, about three years and two months after the accident. Wal-Mart claims that since the lawsuit for consequential medical damages and not just for breach of the warranties of the boots, the three years tort statute of limitations apply rather than the four-year statute under the UCC. Who prevails on this issue?

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Dynamic Business Law The Essentials

ISBN: 9781260253382

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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