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Compex International Co., Ltd. v. Taylor

Kentucky Supreme Court

209 S.W.3d 462 (2006)

Facts

Stephen and Laura Taylor (plaintiffs) were visiting the home of Stephen’s parents when a chair Stephen was sitting in collapsed, causing him to fall to the ground and be injured. The chair was manufactured by Compex International Company, Ltd. (defendant) and purchased at a K-Mart store. The Taylors filed a products-liability action against Compex and K-Mart Corporation, claiming damages under theories of negligence, strict liability, breach of implied warranty, and loss of consortium. The claims against K-Mart were dismissed without prejudice due to K-Mart’s pending bankruptcy. Compex filed a motion to dismiss. The trial court dismissed the torts claims due to being barred by the statute of limitations and the breach-of-implied-warranty claim due to a lack of privity between the Taylors and the manufacturer. The Taylors appealed. The court of appeals affirmed the torts dismissals but reversed on the implied-warranty claim, finding privity under Kentucky’s adoption of Uniform Commercial Code (UCC) § 2-318, which allows family, household members, or guests to assert implied-warranty claims. The Kentucky Supreme Court granted discretionary review.

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Dissent (Wintersheimer, J.)

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