Di Maso v. Wieboldt Stores, Inc.

This is an appeal from an order granting plaintiff a new trial after a jury verdict in favor of defendants.

The evidence adduced at trial discloses the following occurrences.

Plaintiff, a six-year old boy, was injured when his pajama tops caught fire. The pajamas had been purchased at Wieboldt s Store, after being manufactured by defendant Liberty Pajama Company from a cotton fabric supplied by defendant Troy Textiles.

Plaintiff ultimately relied upon a strict products liability theory that defendants manufactured and sold a product in an unreasonably dangerous condition and that such condition…