Kirby v. NMC/Continue Care

LEHMAN, Chief Justice.

NMC Continue Care (NMC) provided Donna Kirby (Kirby) with a customized wheelchair; but, because the chair did not meet the required specifications, Kirby rejected it. After NMC refused to refund the purchase price or to cure the chair’s defects, Kirby filed suit against NMC asserting both contract and negligence claims. NMC moved for summary judgment, which the trial court granted. The primary issue on appeal is whether Kirby can recover the amount paid on the contract even though Medicaid paid for the wheelchair. Because we conclude that Kirby is a buyer under the UCC…