Brief Fact Summary. Plaintiff, Susan Rossetti, brought suit against Defendant, Busch Entertainment Corp. for injuries allegedly sustained after riding an attraction at Defendant’s amusement park. Defendant seeks partial summary judgment on Plaintiff’s breach of warranty claim.
Synopsis of Rule of Law. The right to enter an amusement park and participate in its attractions does not constitute a “good” pursuant to the UCC.
Persons whose implication in supplying products is tangential to that undertaking will not be subject to strict liability for the harm caused by defects in those products.View Full Point of Law
Issue. The issue is whether or not the Defendant, by selling Plaintiff admission into the park, was selling Plaintiff a “good.”
Held. No. The right to enter an amusement park and participate in its attractions is not a “good.”
Discussion. The court stated that to constitute a transaction of goods the subject matter of the transaction must be tangible and moveable. The purchase of the admission ticket to an amusement park that enabled the plaintiff to ride attractions did not constitute a “good” pursuant to the UCC.