Franks v. National Dairy Products Corp.

MEMORANDUM OPINION

FISHER, District Judge.

This is a products liability case in which the plaintiff alleges that he was draining melted “Kraft Red Label type” shortening from a deep fry cooker into a dry, empty container when the shortening “either exploded, burst into flame or in some other manner sprayed out of the container” with the result that plaintiff was burned and scarred by the hot shortening.

It is undisputed that after the explosion of the shortening the plaintiff’s attorney, as part of his investigation of the case, sent a sample of the shortening that was involved in the explosion…