· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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