Opinion
A15A0527.
06-07-2017
FLETCHER v. WATER APPLICATIONS DISTRIBUTION GROUP, INC. et al.
Robert Cape Buck, Atlanta, Juliana Y. Sleeper, for Appellant. Michael James Crist, E. Elaine Shofner, Atlanta, Elisabeth Maynette Cheatham, Leah Ward Sears, Atlanta, for Appellee.
Robert Cape Buck, Atlanta, Juliana Y. Sleeper, for Appellant.
Michael James Crist, E. Elaine Shofner, Atlanta, Elisabeth Maynette Cheatham, Leah Ward Sears, Atlanta, for Appellee.
Ellington, Presiding Judge.The Supreme Court of Georgia affirmed in part and reversed in part our decision in this case as it concerned CertainTeed Corporation, holding that, "[w]hile we conclude that CertainTeed owed no duty to warn Marcella Fletcher of the possible hazards of asbestos dust from its products, the Court of Appeals correctly reversed the trial court's judgment with respect to Fletcher's defective design claim." CertainTeed Co. v. Fletcher , 300 Ga. 327, 794 S.E.2d 641 (2016). Accordingly, our ruling with respect to CertainTeed is vacated and the judgment of the Supreme Court is made the judgment of this Court.
In Fletcher v. Water Applications Distrib. Group, Inc., 333 Ga.App. 693, 773 S.E.2d 859 (2015), we held that he trial court erred in granting summary judgment in favor of the manufacturer, CertainTeed, on Fletcher's design defect and negligent failure-to-warn claims. However, we affirmed the grant of summary judgment to the distributor, Water Applications Distribution Group, Inc., on Fletcher's negligent failure-to-warn claim holding that a seller or a distributor does not have a continuing duty to warn. Fletcher sought a writ of certiorari to the Georgia Supreme Court challenging our opinion with respect to the distributor, which the Court denied.
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Judgment affirmed in part and reversed in part.
Barnes, P.J., Dillard, P.J., McFadden, P.J., and Ray, McMillian and Reese, JJ., concur.