Southgate Community School District v. West Side Construction Co.

This is a products liability action by which plaintiff, not in privity of contract with defendant manufacturer, seeks to recover on an implied-warranty theory the cost of maintenance, repair and ultimate replacement of an allegedly defective product. There was no personal injury involved, nor was there any damage claimed for injury to property other than deterioration of the product itself.1 The trial court granted defendant’s motion for accelerated judgment on the grounds that plaintiff’s action was time-barred by UCC § 2-*76725.2 The Court of Appeals affirmed at 63 Mich App 634; 234 NW2d 738…