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· 11/2/1999

Jenkins v. General Motors Corp.

Citations

  • 524 S.E.2d 324
  • 240 Ga. App. 636
  • 99 Fulton County D. Rep. 4062
  • 42 U.C.C. Rep. Serv. 2d (West) 996
  • 1999 Ga. App. LEXIS 1432

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that there was evidence of several plausible explanations for the vehicle’s brakes to fail other than a manufacturing defect
  • finding that there was evidence of several plausible explanations for the vehicle’s brakes to fail other than a manufacturing defect
  • holding “the mere fact of a tire blowout does not tend to establish that the tire was defective because blowouts can be attributed to myriad causes” (quotation marks, alterations, and brackets omitted)
  • refusing to allow plaintiff to rely on circumstantial evidence of a brake defect where there were “several plausible explanations for the brake failure, including negligent brake repair or excessive trailer weight”
  • affirming summary judgment in favor of defendant as to plaintiff's breach of implied warranty of merchantability claim because plaintiff “failed to show any probative evidence that [defendant] was responsible for the [product’s] failure”
  • absent producing the allegedly defective brakes, plaintiff could not survive summary judgment on circumstantial evidence given there was no expert testimony suggesting brake defect

Source: CourtListener parenthetical corpus (CC0).

Judges: Phipps, Smith, Eldridge

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.