Morgan v. CABELA'S INC.

MEMORANDUM OPINION & ORDER

GREGORY F. VANTATENHOVE, District Judge.

This matter is before the Court on Cabela’s Inc.’s Motion for Summary Judgment. [R. 28.] Therein, Cabela’s argues that it is protected from liability under K.R.S. 411.340, the Kentucky Middleman Statute. Whether Cabela’s created an express warranty is a genuine issue of material fact, and for this reason the Court will deny summary judgment.

I

Clifford Morgan purchased a hunting tree stand from a Cabela’s catalog. The tree stand was manufactured by North Stan* Treestands, Inc. On November 5, 2006, while Mr. Morgan was using the…