DeWitt v. Eveready Battery Co., Inc.

EDMUNDS, Justice.

This products liability action was brought by plaintiff, Franklin Roland DeWitt, against defendant, Eveready Battery Company, Inc., for injuries plaintiff sustained when alkaline batteries manufactured by defendant leaked battery fluid onto plaintiff’s ankle. The sole issue presented for this Court’s review is whether the Court of Appeals erred in reversing the trial court’s entry of summary judgment in favor of defendant on plaintiff’s claim that defendant breached the implied warranty of merchantability by manufacturing defective batteries. For the reasons that follow, we…