Question
10. Plaintiff purchased a pair of work boots at WalMart. The boots did not perform as plaintiff was led to believe, and not only did
10. Plaintiff purchased a pair of work boots at WalMart. The boots did not perform as plaintiff was led to believe, and not only did the boots wear down considerably but it resulted in an injury to the plaintiff. The plaintiff filed a lawsuit in the personal injury of tort beyond the statute of limitations for tort law. However, plaintiff claimed that since the suit originated from a UCC article 2 contract, the longer statute of limitations should apply. Should it? [Badilla v. WalMart Stores East, Inc. (Badilla II), 2015- NMSC-029, 357 P.3d 936.]
Please provide detailed answers and references. Thank you!
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