News Details

Clothing Supplier/Retailer Dismissed from Product Liability Action

White and Wiggins, led by Partner Deborah E Lewis, has scored another victory in a product liability action pending in federal court.

Plaintiff brought an action under strict liability and negligence theories after he sustained burns to his back and leg while working around a propane space heater in his garage late one evening.  Plaintiff admitted to medical personnel his use of alcohol at the time and that he got too close to, and backed up to, the heater.  Despite these factual admissions, Plaintiff contended that the flannel shirt worn at the time contained manufacturing, design and warning defects because the shirt spontaneously combusted and did not contain a warning that it could catch on fire.  

On behalf of its clients, White & Wiggins moved for summary judgment, based in part on the federal statutes and regulations governing the subject flannel shirt which did not require flame retardant fabric or a warning under the circumstances.  Any fabric Plaintiff would have worn that came into contact with the propane heater would have caught on fire.  Immediately after filing the summary judgment motion, Plaintiff dismissed the action with prejudice.    

For more information about this matter, or about our product liability practice and experience, contact Deborah E Lewis at (214) 665-4157 or dlewis@whitewiggins.com.