Adel v. Greensprings of Vermont, Inc.
United States District Court for the District of Vermont
363 F. Supp 2d 692 (2005)
Adel (plaintiff) contracted Legionnaires' disease after a ski vacation staying in a condo owned by Greensprings (defendant), which supplied and billed for water to the condo complex. State health officials found the same Legionella bacteria in Greensprings' water system that was found in Adel's lungs, along with maintenance failures. Adel sued for strict liability and breach of the implied warranty of merchantability under Vermont's UCC. Greensprings moved for summary judgment, arguing it wasn't a "seller" of goods and that water isn't a "good" under the UCC.
Whether, under the Uniform Commercial Code, a movable item may qualify as a "good" covered by the implied warranty of merchantability even though the seller did not manufacture it.