Maybank v. S.S. Kresge Co.

266 S.E.2d 409 (1980)

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Maybank v. S.S. Kresge Co.

Court of Appeals of North Carolina
266 S.E.2d 409 (1980)

SC

Facts

Geraldine Maybank (plaintiff) bought a flashcube at a K-Mart store owned by S.S. Kresge Company (Kresge) (defendant). The flashcube’s packaging only warned that the flashcube might shatter. Maybank’s flashcube exploded in her face, causing injury to her eye. Maybank sued Kresge for breach of the implied warranty of merchantability. The trial court directed a verdict for Kresge. Maybank appealed.

Rule of Law

Issue

Holding and Reasoning (Vaughn, J.)

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