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Commercial Law Keyed to Lopucki
Reed v. Sears, Roebuck & Co
Facts
Plaintiffs purchased a storm door from defendant relying on representations by the salesman and in catalog that the tempered glass in the door was strong and safe. The door was purchased through the catalog and delivered directly to Plaintiffs’ home. The door was installed correctly. After almost a year of ordinary use, Plaintiffs’ daughter fell through the storm door. Plaintiff’s found the child bleeding profusely and balancing at her midsection on the edge of a piece of broken glass remaining in the door. Plaintiffs brought this action on behalf of their child against Defendant on the theories of strict liability, breach of warranty, and negligence. Defendant contends that it is entitled to summary judgment based on the sealed container defense. Specifically, the manufacturer’s packing of products sold through Defendant’s catalog is not disturbed or altered in any manner and the products contained therein are neither inspected nor modified. Therefore, Defendant has no actual or constructive knowledge of any potentially defective products.
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