Flippo v. Mode O'Day Frock Shops
Arkansas Supreme Court
449 S.W.2d 692 (Ark. 1970)
Relevant factsFree
Gladys Flippo (plaintiff) was bitten by a poisonous spider while trying on a pair of pants at Mode O'Day Frock Shops (defendant), and she bought the pants anyway despite the incident. The pants themselves had no manufacturing defect. Flippo sued for breach of implied warranty of merchantability and negligence; the trial court refused to instruct the jury on the warranty claim and ruled for Mode on the negligence claim, and Flippo appealed the warranty ruling.
IssueFree
Whether the implied warranty of merchantability may be used as the basis for a claim if the goods at issue are not defective.