Foothills Pharmacies, Inc. v. Powers

Ellington, Judge.

Pauline Powers brought this action against Foothills Pharmacies, Inc. (“Foothills”) in the Superior Court of Franklin County seeking to recover damages for personal injuries she sustained when her motorized scooter tipped over while she was operating it in her yard. Powers alleges that Foothills is liable to her pursuant to theories of negligent misrepresentation and breach of express warranty because Foothills’ agent represented to her that the three-wheeled scooter was safe for use in her yard. Following a hearing, the trial court denied Foothills’ motion for summary…