Kadeejah J. Kelly-Previl

Kadeejah Kelly-Previl defends clients in product liability, mass torts and commercial litigation cases. She previously represented contractors, developers and corporations in high-exposure cases including New York Labor Law, premises liability, product liability and negligence matters. Kadeejah is also experienced in defending malpractice claims against attorneys, accountants, architects, engineers, funeral home directors and other professionals. In addition, she has handled the defense of automobile and transportation matters.

View the full bio for Kadeejah J. Kelly-Previl at the Faegre Drinker website.

Articles by Kadeejah J. Kelly-Previl:


Georgia Court of Appeals Confirms “First Sale” as Used in Statute of Repose Refers to Sale of First Unit of Repeatedly Purchased Products

Share

Georgia’s product liability statute of repose requires actions to be commenced within 10 years of “the date of the first sale for use or consumption” of the product at issue. OCGA § 51-1-11(b)(2) (emphasis added). While the concept of “first sale” is clear and intuitive in the context of a product that may be sold and then later resold, it may be somewhat less clear as applied to a consumable product that is purchased repeatedly over a lengthy period of time. Is the “first sale” of such a product the earliest transaction by which the plaintiff ever obtained the product, or does “first sale” merely refer to the initial purchase of each individual unit of the product as opposed to any subsequent resales? The Georgia Court of Appeals recently clarified that it is the former – “first sale,” for purposes of the statute of repose, refers to the “first sale” of any unit of the product to the plaintiff. Thus, subsequent purchases of a new unit of the product do not come with their own fresh repose periods.

Continue reading “Georgia Court of Appeals Confirms “First Sale” as Used in Statute of Repose Refers to Sale of First Unit of Repeatedly Purchased Products”