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WAL-MART STORES, INC. v. WHEELER

No. A03A0663.

586 S.E.2d 83 (2003)

262 Ga. App. 607

WAL-MART STORES, INC. v. WHEELER.

Court of Appeals of Georgia.

Reconsideration Denied July 31, 2003.

Certiorari Denied November 17, 2003.

Attorney(s) appearing for the Case

Joseph D. Perrotta, for appellant.

Simpson & Cross, Ralph F. Simpson, Tifton, for appellee.

ADAMS, Judge.

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...

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