Hofstee v. Dow

In this third appeal of a lawsuit that has yet to come to trial, Hans Hofstee challenges the trial court’s dismissal of his claims for negligence and strict liability. The trial court found that Mr. Hofstee’s damages, allegedly caused by Alvin Dow’s failure to timely test his cows for brucellosis before they were sold to Mr. Hofstee, were solely economic. Consequently, the trial court concluded Mr. Hofstee was limited to recovery under the Uniform Commercial Code and the Consumer Protection Act. Mr. Hofstee contends his damages involve more than economic loss. We disagree, and affirm.

Facts

The…