James Fish v. Home Depot Usa, Incorporated

OPINION

McKEAGUE, Circuit Judge.

After falling off an extension ladder that he rented from Home Depot USA, Inc. (“Home Depot”) and injuring his ankle, Plaintiff James Fish (“Fish”) brought suit claiming negligence, breach of implied warranty, and violation of the Michigan Consumer Protection Act. The district court awarded summary judgment to Home Depot on all counts and later declined to rehear Fish’s claims. We affirm.

I. BACKGROUND

Prior to renting the ladder at issue in this case, Fish had rented equipment five to ten times at the Howell, Michigan Home Depot location and had also rented…