143 So. 3d 713
Ala.2013Background
- APA operated a public auction in Limestone County since 2005, primarily dealing with four-wheelers, boats, motorcycles, and related powersport goods on consignment for a 10–15% commission.
- FF Acquisition Corp. consigned several go-carts to APA in 2005 for auction.
- James Wiese attended APA auctions and purchased a Yerf Dog Go-Cart for his two minor sons at an August 27, 2005 auction.
- The go-cart’s engine failed; Wiese stored it for nearly two years before repairing it in September 2007.
- Matthew Wiese was riding the go-cart on September 17, 2007, suffered a head injury, and died on March 6, 2010 as a result.
- Wiese filed a wrongful-death action in August 2010 alleging breach of implied warranties and related claims; APA moved for summary judgment in 2012, which the circuit court denied after allowing an amended complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a breach of warranty action can support a wrongful-death claim under Alabama law. | Wiese asserts Geohagan overruled by Sledge, allowing breach of warranty to support wrongful death. | APA contends Geohagan governs wrongful-death warranty claims and Sledge did not overrule it. | Geohagan not overruled by Sledge; breach of warranty cannot support wrongful-death claim. |
| Whether an auctioneer selling consigned goods may be liable as a merchant-seller for breach of the implied warranty of merchantability. | Wiese argues auctioneer can be merchant-seller for implied warranty when selling consigned goods. | APA contends auctioneer cannot be seller under UCC § 7-2-103; cannot incur merchantability liability. | Auctioneer selling consigned goods may be liable as a merchant-seller for implied warranty of merchantability. |
Key Cases Cited
- Geohagan v. General Motors Corp., 291 Ala. 167 (Ala. 1973) (no contractual wrongful-death action for warranty under UCC; wrongful death arises under specific acts)
- Sledge v. IC Corp., 47 So.3d 243 (Ala. 2010) (addressed Rule 54(b) certification; did not overrule Geohagan on warranty-wrongful death)
- Bradford v. Northwest Alabama Livestock Ass’n, 379 So.2d 609 (Ala.Civ.App.1980) (auctioneer as merchant for livestock implied warranty)
- Abercrombie v. Nashville Auto Auction, Inc., 541 So.2d 516 (Ala. 1989) (auctioneer liable as seller for implied warranty of title when principal not disclosed)
- Powers v. Coffeyville Livestock Sales Co., 665 F.2d 311 (10th Cir. 1981) (auctioneer as merchant-seller under UCC; liability when principal undisclosed)
- Welch v. Mitchell, 351 So.2d 911 (Ala.Civ.App.1977) (auctioneer not liable for title when principal disclosed)
- Bischoff v. Thomasson, 400 So.2d 359 (Ala.1981) (title passes from consignor to buyer; consignee not titleholder)
- Benefield v. Aquaslide ‘N’ Dive Corp., 406 So.2d 873 (Ala.1981) (damages for pre-death injuries are separate from wrongful death)
- Ex parte General Motors Corp., 769 So.2d 903 (Ala.1999) (implied warranty of merchantability defined; auctioneer as merchant-seller possible under 7-2-314)