Moody v. Sears, Roebuck & Company

ORDER DENYING SUMMARY JUDGMENT

LAWRENCE, Chief Judge.

In 1964 Gilbert Baxley ordered a 24-foot aluminum extension ladder from Sears, Roebuck & Company which he had seen advertised. It was delivered and paid for a few days later. During the next three years it was used on his farm in Appling County. The plaintiff, who was Baxley’s son-in-law, was a sharecropper and lived on the farm. On July 23, 1967, Moody climbed the ladder to inspect some tobacco that was being cured in a tobacco barn. He looked through the window and, in his words, “taken one step back down, and that was when the pop…