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Flippo v. Mode O'Day Frock Shops
Arkansas Supreme Court
449 S.W.2d 692 (Ark. 1970)
Gladys Flippo (plaintiff) tried on a pair of pants at a clothing store called Mode O’Day Frock Shops of Hollywood (Mode) (defendant). As she was trying on the pants, she was bitten by a poisonous spider causing her injury. She nonetheless bought the pants, which were otherwise normal from a manufacturing perspective. Flippo brought suit for breach of implied warranty of merchantability and negligence, among other things. The trial court refused to instruct the jury on the implied warranty of merchantability claim, and found for Mode on Flippo’s negligence claim. Flippo appealed with respect to the implied warranty of merchantability.
Rule of Law
Holding and Reasoning (Harris, J.)
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