Legal Opinion
Wilford Simien v. S. S. Kresge Company, Defendant-Third-Party Modern Jackets v. Smith Brothers Manufacturing Company, Third-Party
Court of Appeals for the Third Circuit
Decided January 20, 1978No. 76-1020PublishedCited by 56 opinions
1Opinion of the Court
CHARLES CLARK, Circuit Judge:
This products liability diversity action was brought by Wilford Simien against ap pellant S. S. Kresge Company to recover damages for injuries suffered by Simien when a jacket he was wearing caught fire. In January 1973 Simien was wearing the jacket, which he asserts was purchased from Kresge, while starting an outdoor fire. To speed the start-up, Simien threw a small, open-mouthed container of gasoline onto the small flame he had generated. A loud “whoomp” sound occurred, after which Simien found the jacket aflame. He received severe burns to his neck and face.…
2Cases cited16 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- General Motors Corp. v. HopkinsTexas Supreme Court · 1977
- Muncie Aviation Corporation v. Party Doll Fleet, Inc.Court of Appeals for the Fifth Circuit · 1975
- Helene Curtis Industries, Inc. And Cosmair, Inc. v. Edd Pruitt and Marjorie Ann PruittCourt of Appeals for the Fifth Circuit · 1968
11 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
- Rivera Santana v. Superior Packaging Inc.Supreme Court of Puerto Rico · 1992
- Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
- Pizza Hut, Inc. v. Papa John's International, Inc.Court of Appeals for the Fifth Circuit · 2000
- Fed. Sec. L. Rep. P 98,777, 11 Fed. R. Evid. Serv. 781 Chemetron Corporation, Cross-Appellant v. Business Funds, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
51 more not listed; retrieve them via the Exa API.