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Jackson v. Sears Authorized Retail Dealer Store6/12/2002
were shipped to the store by truck and that the store had previously sold the chair, possibly more than two dozen of them, without apparent incident. In opposition to the summary judgment motion, Jackson presented no evidence to contradict this testimony or that otherwise demonstrated Sears knew or should have known of the potential design defect. Indeed, in his deposition, Maroney "assume that [sales people] did not know that the chair would do what it did. . . ." Moreover, because Jackson conceded at oral argument that no remaining genuine issue of material fact exists, it is evident that at trial of this matter, no further factual evidence regarding the issue of Sears' knowledge of the possible defect would be submitted. Without proof of this aspect of his claim, we must conclude that, as a matter of law, Jackson will be unable to satisfy his evidentiary burden of showing that Sears owed him a duty to disclose the alleged defect or have its employees inspect or test the chair for this type of design flaw. Accordingly, we affirm the judgment of the trial court at Jackson's cost.
AFFIRMED.
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