Andy’s Sales (owned by Andy Adams) sold a well-built trampoline to Carl and Shirley Wickers. The Wickerses later sold the trampoline to Herbert Bryant.

While using the trampoline, Herbert’s 14-year-old nephew, Rex, sustained injuries that left him a quadriplegic. Rex’s guardian filed suit for breach of express warranty and merchantability. The sales brochure for the round trampoline described it as “safe” because it had a “uniform bounce” and

“natural tendency to work the jumper toward the center.” The Wickerses had purchased an oval-shaped trampoline. Discuss Rex’s ability to recover. Is privity an issue? [Bryant v Adams, 448 SE2d 832 (NC App)]

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