Julian v. Zayre Corp.

The plaintiffs, Diago Julian and his mother, Marion Julian, have appealed in this civil matter from summary judgments entered in favor of the defendants, Zayre Corporation (Zayre) and Leisure Dynamics, Incorporated (Leisure). The plaintiffs had initiated an action for damages against Leisure for design negligence and against Zayre for breach of warranty. The action concerned a plastic tricycle called an “Eldon Cheetah” that was manufactured by Leisure and purchased by the plaintiffs from Zayre.

On October 7, 1974, Diago, 8 years old at the time, was riding on the tricycle in the driveway of…