Wal-Mart Stores Inc. v. Wheeler

The two year and three day delay between the time the buyer was injured and the time he served the seller with notice of the product defect, without more, was not unreasonable as a matter of law and would not bar his suit for breach of warranty under O.C.G.A. § 11-2-607 3 a.

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The Uniform Commercial Code provides in part that a buyer who has accepted nonconforming goods can recover damages for breach of warranty if the buyer notifies the seller of defects in those goods within a reasonable time after discovery, otherwise it is barred from any remedy. OCGA § 11-2-607 3 a. Two years and three days after John P. Wheeler was injured by a device he purchased at Wal-Mart Stores, Inc., he served Wal-Mart with notice of a defect in the product. Wal-Mart sought summary judgment on the grounds that Wheeler waited an unreasonable time as a matter of law. The trial court denied the motion, and we granted Wal-Mart’s application for discretionary review. Construing the facts in favor of Wheeler shows that in January, 1999, Wheeler bought a new bow trigger release mechanism from Wal-Mart and attached it to his bow. While Wheeler was target practicing on September 16, 1999, the bow release detached from the bow, striking him in the mouth, and causing substantial damage to his upper lip, gums, and teeth.

Wheeler filed suit on June 29, 2001, against one alleged manufacturer. On September 14, 2001, Wheeler amended his complaint, added several additional alleged manufacturers, as well as Wal-Mart, the seller, and claimed that Wal-Mart had breached implied warranties of merchantability and fitness for a particular purpose. Wal-Mart first received notice of the accident when it was served with the amended complaint on September 19, 2001, over two years after the accident. The trial court denied Wal-Mart’s motion for summary judgment without stating the basis for its ruling. In its sole enumeration of error, Wal-Mart claims that the trial court erred by not holding that Wheeler failed to provide reasonable notice as a matter of law.

Wal-Mart Stores Inc. v. Wheeler

The two year and three day delay between the time the buyer was injured and the time he served the seller with notice of the product defect, without more, was not unreasonable as a matter of law and would not bar his suit for breach of warranty under O.C.G.A. § 11-2-607 3 a.

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