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Kirby v. NMC/Continue Care12/21/1999
form all aspects of procuring the wheelchair. Kirby failed to produce evidence or present legal argument to show that NMC owed any additional legal duty to Kirby beyond its contractual duties. Since Kirby failed to prove an essential element of the negligence claim, the duty, the negligence claim is without merit. The trial court, therefore, correctly granted NMC summary judgment as a matter of law on Kirby=s negligence claim.
CONCLUSION
Under the UCC, as adopted by Wyo. Stat. Ann. ' 34.1-2-711(a) (Lexis 1999), Kirby, as a buyer, is entitled to a refund of the purchase price paid to NMC. Since the trial court erred as a matter of law by finding that Kirby suffered no contract damages, we reverse that portion of the trial court=s order for proceedings consistent with this opinion. Because Kirby rejected the chair and failed to establish that NMC owed an additional duty beyond its contract duty, the trial court properly granted summary judgment on Kirby=s claims for breach of warranty and negligence.
Affirmed in part, and reversed and remanded in part.
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