Wal-Mart Stores, Inc. v. Wheeler

Adams, Judge.

The Uniform Commercial Code provides in part that a buyer who has accepted nonconforming goods can recover damages for *608breach of warranty if the buyer notifies the seller of defects in those goods within a reasonable time after discovery; otherwise it is barred from any remedy. OCGA § 11-2-607 (3) (a). Two years and three days after John P. Wheeler was injured by a device he purchased at Wal-Mart Stores, Inc., he served Wal-Mart with notice of a defect in the product. Wal-Mart sought summary judgment on the grounds that Wheeler waited an unreasonable time as a matter of law. The…