Gilmore v. Sears, Roebuck & Co.
After being injured when his treadmill broke, the plaintiff sued the retailer and the manufacturer for personal injury. He later added consumer protection causes of action and sought to obtain class certification pertaining to the consumer protection causes of action only. The trial court denied the motion for class certification, finding that (1) there was no ascertainable class and (2) plaintiff did not supply an adequate class representative. Plaintiff appeals, disputing both conclusions. Court affirm because plaintiff did not supply an adequate class representative. Having so concluded, Court need not consider whether plaintiff defined an ascertainable class.
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