In the case Sims, et al. vs. Weyerhaeuser, et al., the Sims family purchased a home and became ill after they moved in. They filed suit against the sellers (the Boscheinen family), claiming that the sellers were aware of mold, heavy metals and bacteria in the home, and fraudulently misrepresented the home’s condition by concealing the air-quality issues.
The buyers also sued Weyerhaeuser, the manufacturer of wood components of the home, alleging the wood was defective and contained benzene, heavy metals and other toxic chemicals.
At trial, the court granted summary judgment for both the manufacturer and the sellers. Regarding the manufacturer, the court found that the wood at issue was neither a good nor a product under the Uniform Commercial Code sections invoked by buyers, and that there was no contractual or other relationship between the buyers and the manufacturer that would give rise to a cause of action.