Ellis v. Rich's, Inc.

Undercofler, Presiding Justice.

This case involves a claim for damages for plaintiff’s injuries caused by a defective fondue pot manufactured, distributed and sold at retail by the various defendants.

In December, 1970, Mrs. Esther Brake bought four fondue pots from a Richway store in Smyrna, Georgia. She gave one of the pots, wrapped in the original unbroken carton, to Mrs. Mary Ellis, plaintiff herein and applicant in certiorari, as a Christmas gift. Plaintiff’s husband then assembled the handle to the pot. Plaintiff used the pot on four or five occasions without incident until February 28,…