United States Third Circuit

In a suit brought by a plaintiff who purchased treated lumber for a deck on his vacation home in the Virgin Islands, against the retailer, wholesaler, and treatment company of the lumber, alleging a Uniform Commercial Code contract claim, a common law contract claim, a breach of warranty claim, a negligence claim, a strict liability claim, and a deceptive trade practices claim under the Virgin Islands Deceptive Trade Practices Act (DTPA), the District Court's grant of summary judgment against plaintiff, on the basis that all claims were time-barred, is affirmed where: 1) the discovery rule does not apply to contract claims covered by the Virgin Islands U.C.C.; 2) plaintiff's tort claims are barred by the gist of the action doctrine; and 3) the DTPA claims are time-barred.

Appellate Information

• Published 2016/05/17

Judges

• FISHER

Court

• United States Third Circuit

Counsel