Van Zee v. Bayview Hardware Store

Plaintiff was awarded judgment of $34,000 on a verdict because of injuries to his hand which were caused by the explosion of an aerosol paint can. The action was tried on the theories of strict liability and breach of warranty of fitness. Defendants at trial, against both of which judgment was rendered, were Bayview Hardware Store, which sold the can to plaintiff, and Zynolyte Products Co., Inc., purveyors of paint, which sold the can to Bayview Hardware.

The trial judge made an order granting defendants’ motion for new trial. Prom this order, plaintiff, William Van Zee, appeals. Two grounds…