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Kirby v. NMC/Continue Care12/21/1999
Appeal from the District Court of Natrona County: The Honorable Dan R. Spangler, Judge
*Retired November 2, 1998.
NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Second. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors in order that corrections may be made before final publication in the permanent volume.
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 as adopted in Wyo. Stat. Ann. ' 34.1-2-103 (Lexis 1999), we reverse the trial court=s finding that Kirby suffered no contract damages.
Affirmed in part, and reversed and remanded in part.
ISSUES
Kirby presents the following issues for review:
1. Did the district court err in its conclusion that the appellant suffered no contract damages?
2. Does a home health care provider that agrees to provide a custom fitted wheelchair to its patient owe a duty of care that would support an action for negligence?
NMC rephrases the issues:
1. Was there a material question of fact which would have prevented summary judgment on the contract issues?
2. Was there cogent authority to support a claim of negligence independent of the duty imposed by contract?
FACTS
Starting in 1995, NMC provided Donna Kirby with in-home nursing care services. Shortly thereafter, Kirby, missing a leg and without a functional prosthetic device, needed a new wheelchair. In the fall of 1995, Kirby, a Medicaid recipient, received a prescription for a new wheelchair and contracted with NMC for a custom wheelchair. Kirby requested that the wheelchair be light enough for her to lift and small enough to fit through the doorways of her house. An NMC employee visited Kirby at home to take the appropriate measurements. However, the chair NMC delivered was too heavy and would not fit through Kirby=s doorways. Kirby rejected delivery of the wheelchair by stating, A hat=s not my chair.@ Meanwhile, Medicaid submitted partial payment for the wheelchair to NMC, which NMC still possesses. Kirby filed suit on June 6, 1997, claiming: conversion, negligence, breach of contract, and breach of warranty. NMC moved for summary judgment, which the trial court granted on January 15, 1998.
STANDARD OF REVIEW
Summary judgment is appropriate if no genuine issues of material fact exist and the prevailing party is entitled to judgment as a matter of law. Terry v. Pioneer Press, Inc., 947 P.2d 273, 275 (Wyo. 1997); W.R.C.P. 56(c). Where the case only involves questions of law, summary judgment allows parties to forgo a formal trial. England v. Simmons, 728 P.2d 1137, 1141 (Wyo. 1986). AWe review a grant of summary judgment deciding a question of law de novo and afford no deference to the district court's ruling.@ Blagrove v. JB Mechanical, Inc., 934 P.2d 1273, 1275 (Wyo. 1997).
DISCUSSION
Breach of Contract
NMC disputes the existence of a contract, but argues that even if a contract
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