Legal Opinion

Anderson v. Sears Roebuck & Co.

Court of Appeals of Georgia

Decided July 9, 2008No. A08A0361PublishedCited by 10 opinions

1Opinion of the Court

Bernes, Judge.

Wanda Anderson appeals from the trial court’s grant of summary judgment in her action against Sears Roebuck & Company for breach of contract, breach of warranty, and negligent failure to repair her riding lawnmower. Anderson asserts that the grant of summary judgment was error because questions of fact remain concerning Sears’s duty to repair the lawnmower, its failure to do so, and whether that failure was the proximate cause of Anderson’s injuries. The record contains evidence to support each of the elements of Anderson’s claim, and Sears has not made out any defense as a…

2Cases cited17 opinions

  1. Bradley Center, Inc. v. WessnerSupreme Court of Georgia · 1982
  2. Williams v. GrierSupreme Court of Georgia · 1943
  3. Orkin Exterminating Co. v. StevensCourt of Appeals of Georgia · 1973
  4. City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
  5. Walker v. Gwinnett Hospital System, Inc.Court of Appeals of Georgia · 2003

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3Cited by10 opinions

  1. Smith v. FinchSupreme Court of Georgia · 2009
  2. Rutherford v. Revco Discount Drug Centers, Inc.Court of Appeals of Georgia · 2009
  3. Denton v. DAIMLERCHRYSLER CORP.District Court, N.D. Georgia · 2009
  4. Fred's Stores of Tennessee, Inc. v. DavenportCourt of Appeals of Georgia · 2010
  5. Wheeler v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 2010

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