Maybank v. S.S. Kresge Co.

273 S.E.2d 681 (1981)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership