Georgia Court of Appeals

Brenda Sheats v. The Kroger Co. et al..

A15A2074 March 21, 2016 Affirmed In Part/Rev In Part & Remanded

Automated case summary

What the court decided

The Georgia Court of Appeals affirmed summary judgment for Kroger on product liability but reversed it on ordinary negligence while vacating the denial of spoliation sanctions against Kroger. The court held that there was no evidence to alert anyone to a defect, meaning discarding the package was not relevant to the ordinary negligence claim.