Moore v. Berry

Ruffin, Judge.

Robbie Moore sued James and Kathryn Berry d/b/a Berry Sporting Goods (“the Berrys”) for injuries he sustained when the tree-climbing stand he purchased from the Berrys’ store collapsed and caused him to fall from a tree. Moore alleged the Berrys were liable under both implied and express warranties by virtue of the representations made to him prior to the sale by Mr. Berry and his sales clerk that the tree stand was “probably the safest one on the market” and that there is “no way you can fall in this stand.” The Berrys do not deny these statements were made, and Moore swore…