Funk v. Hover Trucking Co.

In this personal injury action, plaintiff appeals as of right an order granting summary disposition in defendants’ favor pursuant to MCR 2.116(C)(10). We reverse and remand for further proceedings. We hold that Article 2 of the Uniform Commercial Code (ucc), MCL 440.2101 et seq. MSA 19.2101 et seq., does not govern or apply to personal injury actions alleging breach of common-law duties.

Plaintiff’s employer, Victory Lane Oil Change, ordered a fifty-five-gallon drum of windshield washer fluid from defendant Zep Manufacturing Company. Zep hired defendant Hover Trucking Company to deliver the…