Keck v. Dryvit Systems, Inc.
Alabama Supreme Court
830 So. 2d 1 (2002)
- Written by Tiffany Hester, JD
Facts
During construction of Doug and Theresa Keck’s (plaintiffs) house, an exterior insulation-finishing system (EIFS) was applied to the underlying sheathing. The EIFS is a multilayered exterior wall made of insulation board, wire mesh, and stucco. At some point, water penetrated the EIFS and damaged the house. The Kecks sued the EIFS manufacturer, Dryvit Systems (defendant), and the distributor and installer. The Kecks based their claims on theories of strict products liability and breach of the implied warranty of merchantability, among others. The trial court entered a summary judgment against the Kecks, finding that the EIFS was not a product under strict products-liability law or a good under the Uniform Commercial Code’s (UCC) implied warranty of merchantability. The Kecks appealed.
Rule of Law
Issue
Holding and Reasoning (Lyons, J.)
Dissent (Johnstone, J.)
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