Kris Kringle weighs 465 pounds and looks like it. On June 15, 2016, in response to an advertisement from Rudolph Sporting Goods (RSG), Kris goes to RSG looking to purchase a new hammock to set up in his backyard. RSG is very busy that day but eventually a salesperson, Donner, comes to his aid. "How may I help you?" asked Donner. Kris informs Donner that he would like to buy a hammock "suitable for someone like me to sleep in." Kris makes it clear that it is up to Donner to select a suitable hammock. Donner responds "As it happens, I am an expert in hammocks. Before coming to work for RSG I worked in design and control for a local hammock manufacturing company. I've been in the sporting goods business for over 20 years. I have a hammock that you will like." Donner selects a hammock that is perfectly suitable for a person(s) up to 300 pounds but that cannot support someone of Kris' weight.

The Hammock is carefully boxed. Kris asked Donner if he could open the box so that he could inspect the hammock. Donner tells Kris: "No. I am sorry, but we do not allow you to break the seals on the box until after you purchase the hammock". Kris notices writing on the side of the box but is unable to read it. Had Kris brought his reading glasses he may have been able to read this important statement: "Warning! This hammock is designed to support a maximum weight of 300 pounds. If you need a hammock able to support between 300 and 500 pounds, be sure to look at our extra-large model." Relying on Donner's recommendation, Kris purchases the hammock. After paying for the hammock, the cashier hands Kris a copy of the receipt. On the reverse side of the sales receipt, in small print, was the following: "The seller of this product disclaims all warranties, including all implied warranties."

On June 18, 2016, Kris is injured when the hammock collapses because it cannot bear his weight. (Please see the following diagram in connection with Kris' injury.) When Kris laid on the hammock, the spring pins snapped off causing the end poles to spring forward. One of the end poles hit Kris on the head causing him to lose consciousness.

Kris is rushed to the hospital (Polar Medical Care Center) where he receives excellent medical care. Unfortunately, the force of the poles hitting Kris on the top and side of his head caused him to experience amnesia. Once the hospital repaired Kris' physical injuries, he was transferred to the psychiatric unit for further treatment. (For additional information on amnesia, please access this link https://www.mayoclinic.org/diseases-conditions/amnesia/symptoms-causes/syc-20353360(Links to an external site.))

After five years of therapy (psychological support), most of Kris' memory was restored. On October 1, 2021, Kris visited his attorney (Dasher Snowman). Mr. Snowman listened carefully to Kris' complaint. Once Kris had finished explaining all he had gone through, Mr. Snowman told Kris that his first battle in brining suit against RSG is the statute of limitations. According to RCW 62.A.2A-506, lawsuits based on a breach of warranty are limited to four years. Mr. Snowman then explained that, in his opinion, he believed the court would approve tolling the lawsuit while Mr. Klaus' memory was impaired. "However," explained Mr. Snowman, "there is no guaranty. I think we have a good argument, but I cannot promise we will win." After receiving Mr. Kringle's authorization, Mr. Snowman filed suit against RSG on October 28, 2021, based on breach of the implied warranty of fitness. The lawsuit was filed in the appropriate state court.

Mr. Kringle is seeking damages in the amount of $5.5 million dollars (pain, suffering, medical care, etc.) plus another $750,000 for attorney fees.

For purposes of your analysis, you should assume that all parties are residents of the state of Washington. You should also assume that all parties (and their attorneys) are fully aware of all facts (as stated above). Your analysis must be based on the facts provided above.

DIRECTIONS The buyer must prove each of the following five elements by a preponderance of the evidence:

1. The seller has reason to know the buyer's particular purpose.
2. The seller has reason to know the buyer is relying on the seller's skill and or judgment.
3. The buyer actually relies on the seller's skill and or judgment.
4. The buyer's reliance was reasonable.
5. The buyer experienced harm (damages).