Kaitz v. Landscape Creations, Inc.

This is an appeal from a dismissal of an action which the trial judge found to be time-barred by the Uniform Commercial Code and its four year statute of limitations. The plaintiff in this case brought suit against the landscape company for breach of contract and for negligence having to do with locust trees that were planted by the defendants and were damaged or destroyed in a storm several years after the original work had been done. The negligence count was previously dismissed since the statute of limitations had expired. The issue before the trial judge, and the only issue which is…