Reliance Insurance v. J.W. Burress, Inc.

In applying a statute of limitations to a claim for breach of implied warranties, we must decide when the plaintiff’s cause of action accrued under the Uniform Commercial Code (UCC). Since the trial court decided the issue on the defendants’ motion for summary judgment on the pleadings and exhibits attached thereto, we state the facts in the light most favorable to the plaintiff. Addison v. Amalgamated Clothing and Textile Workers Union of America, 236 Va. 233, 234, 372 S.E.2d 403, 404 (1988).

Kobe Steel, Ltd. (Kobe) manufactured a Kobelco K975 Hydraulic Excavator Face Shovel. Kobe’s…