Maybank v. S.S. Kresge Co.

273 S.E.2d 681 (1981)

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Maybank v. S.S. Kresge Co.

North Carolina Supreme Court
273 S.E.2d 681 (1981)

  • Written by Robert Cane, JD

Facts

Geraldine Maybank (plaintiff) purchased three Blue Dot flashcubes from S.S. Kresge Company (K-Mart) (defendant). Each flashcube contained four flashbulbs. The flashcubes attach to a camera and provide supplemental light for photographs. Maybank used the first flashcube with no incident. However, the second flashcube exploded when she tried to use it. The cube did not appear damaged prior to use. The explosion resulted in a bad cut of her left eye and temporary blindness. She was hospitalized for one week and absent from work for three weeks. The flashcube carton cautioned that a damaged cube may shatter. After three years passed but while still within the statute of limitations, Maybank sued K-Mart for breach of implied warranty of merchantability, among other claims. K-Mart moved for directed verdict at the close of Maybank’s evidence, which the trial court granted. Maybank appealed. The appellate court reversed the judgment of the trial court in part and found that the claim for breach of implied warranty of merchantability was supported by sufficient evidence for the issue of notice to go to the jury. The North Carolina Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Carlton, J.)

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