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Folsom v. Sears, Roebuck & Co.

Citations: 174 Ga. App. 46; 329 S.E.2d 217; 1985 Ga. App. LEXIS 1739Docket: 69504

Court: Court of Appeals of Georgia; March 5, 1985; Georgia; State Appellate Court

Narrative Opinion Summary

In this products liability case, the plaintiff filed a suit against a major retail company following burn injuries allegedly caused by a defective microwave oven. The plaintiff contended that the microwave was defectively designed or manufactured, leading to her injuries. Despite the trial court granting summary judgment in favor of the defendant, arguing no material factual disputes existed, the plaintiff appealed the decision. The appellate court reviewed expert testimony suggesting safety mechanisms in the microwave exhibited signs of wear inconsistent with normal operation, possibly allowing it to function while open. This testimony introduced a genuine issue of material fact regarding the condition of the microwave at the time of sale. Under Georgia's strict liability standards, the plaintiff is required to prove the defect existed when sold, a requirement that can be met with circumstantial evidence. The appellate court concluded the trial court erred in its summary judgment ruling, reversing the decision and allowing the case to proceed. The ruling underscores the significance of expert testimony in establishing factual disputes in product liability cases.

Legal Issues Addressed

Products Liability - Defective Design or Manufacture

Application: In this case, the plaintiff's claim hinges on demonstrating that the product was defective in design or manufacture, which caused the injury.

Reasoning: Folsom argued that there were factual issues regarding whether the microwave was defectively designed or manufactured.

Strict Liability - Burden of Proof

Application: Under Georgia's strict liability law, the plaintiff must show the product was defective at the time of sale; this can be supported by circumstantial evidence.

Reasoning: To prevail under Georgia's strict liability law, Folsom needed to demonstrate that the microwave was defective at the time of sale. Circumstantial evidence can be sufficient to establish a manufacturing defect.

Summary Judgment - Genuine Issue of Material Fact

Application: The appellate court found that the presence of expert testimony indicating potential defects in the microwave created a genuine issue of material fact, invalidating the summary judgment.

Reasoning: The court recognized that Folsom's expert testimony created a genuine issue of material fact regarding the microwave's condition at the time of sale, leading to the conclusion that the trial court erred in granting summary judgment.