GARNER v. RITE AID OF GEORGIA, INC.

No. A03A1808.

595 S.E.2d 582 (2004)

265 Ga. App. 737

GARNER et al. v. RITE AID OF GEORGIA, INC.

Court of Appeals of Georgia.

February 20, 2004.


Attorney(s) appearing for the Case

Pulliam & Brooks, Bryan M. Pulliam, Raymond T. Brooks, Jr., Covington, for appellants.

Hawkins & Parnell, Warner S. Fox, Christopher S. Keith, Atlanta, for appellee.


MIKELL, Judge.

The parents of a seventeen-year-old who died from inhaling or "huffing" butane and the parents of two other minors sued Rite Aid of Georgia, Inc., ("Rite Aid"), the seller of the product. They alleged that by selling the butane to minors, Rite Aid failed to exercise ordinary care. Finding that the three teenagers who inhaled the butane had knowingly assumed the risk of injury, the trial court granted summary...

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