Keller ex rel. Compton v. Eagle Army-Navy Department Stores, Inc.

We reverse the trial court judgment which dismissed what was in fact the fourth complaint filed by the plaintiff. While we agree that the complaint was in-artful, far from being a model, and certainly borderline as to legal sufficiency, we feel from our review of the cases and criteria contained therein 1 that the complaint was at least adequate at this stage to state a cause of action in breach of warranty. The action was brought against a retailer by an injured person not in privity, based upon the notion that the injury was caused by a dangerous instrumentality.2

We specifically do not here…