Rossetti v. Busch Entertainment Corp

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.

Facts. Plaintiff purchased an admission ticket and entered Sesame Place, an amusement park owned and operated by Defendant. After entering the park, Plaintiff rode “Sky Splash” a water slide on which visitors descend in a raft. During the ride the raft jolted resulting in serious injury to Plaintiff’s back. Plaintiff sued Defendant for breach of implied warranty of merchantability or fitness for use under the UCC. Defendant seeks summary judgment on the grounds that the sale of the admission ticket was not a sale of goods within the purview of the UCC.

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.