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Hofstee v. Dow12/20/2001
at a cow would turn out to be a reactor was somewhat significant, but it was clearly foreseeable by parties that bargained at arm's length. And as discussed above, the defect was not a sudden or dangerous event.
Consequently, under either test of the risk of harm analysis, the damages suffered by Mr. Hofstee do not constitute more than pure economic harm and are more properly remediable under the UCC than under the tort principles of the WPLA. The trial court properly dismissed the negligence and strict liability claims on partial summary judgment.
Affirmed.
Schultheis, J.
WE CONCUR:
Brown, A.C.J.
Sweeney, J.
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