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Motion for Summary Judgment Granted in Favor of Product Seller

January 7, 2009

Christopher Whitlock recently obtained summary judgment in favor of his client, a national building materials retail seller, who was sued by an Atlanta construction company for allegedly selling a defective product and for negligent construction. The defense filed a Motion for Summary Judgment requesting that the construction company’s claim be denied. Judge Brenda Cole found in favor of the retailer and held that the retailer, as a mere product seller, could not be found strictly liable for the sale of the alleged defective product. Judge Cole further held that if the product was defective when sold that the construction company failed to revoke its acceptance of the defective product within a reasonable time.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.