a a The judge utilized the doctrine of res ipsa loquiture or an accident
that is unlikely to occur unless the defendant was negligent. He based
this on Kmart selling a defective jar of peanuts to Karen Godfrey even
though Kmart didn't do anything to damage the jar. I believe that
Kmart shouldn't have been liable for that Jar of peanuts since they did
not manufacture it and they purchased it from a reputable seller. I
don't believe they knew the jars where defective and no evidence
was was produced disclosing that they had previous knowledge of
the jars being defective. Furthermore they should have been
protected by the sellers exception statute like in Block vs Toyota
motor corporation. In that case Angela Block sued a dealership for
selling her son a vehicle the accelerated on it own causing her son to
get killed. That case was dismissed because a sellers exception states
that a strict liability case be dismissed by a nonmanufacturer unless
they meet one of the exceptions. In this case Kmart had no
knowledge of the the jar being defective nor did they cause it.
