Wright v. Farouk Systems, Inc., No. 12-10378 (11th Cir. 2012)
Annotate this CasePlaintiff filed this products liability action under Georgia law alleging that a hair bleaching product manufactured by defendant burned her scalp, causing her to suffer physical, mental, and emotional pain. On appeal, plaintiff contended that the district court erred in refusing to consider some of her evidence when ruling on defendant's motion for summary judgment. The court held that the statements made by a salon owner were non-hearsay admissions of a party opponent and it was an abuse of discretion to exclude them from consideration on hearsay grounds. On remand, the district court should decide whether the salon owner's affidavit should be excluded because plaintiff failed to timely disclose her as a witness as required by Rule 26(a)(1)(A)(i). Even if the district court concluded that the affidavit should be excluded under Rule 26, the district court should also alternatively rule on defendant's motion for summary judgment as though that affidavit were not excluded. Accordingly, the court affirmed in part, vacated in part, and remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.