Pack v. E.R.O. Industries, Inc.

—Order unanimously affirmed without costs. Memorandum: Eight-year-old Dustin Allen Pack was lying in a sleeping bag watching television and playing with a cigarette lighter when the lighter ignited his sleeping bag and clothing, causing severe burns. At the time, Dustin was wearing a T-shirt sold by defendant Sun Sportswear, Incorporated (Sun), and a flannel shirt sold by defendant Grace International Apparel, Inc. (Grace). Thereafter, Dustin, by his guardian ad litem, commenced this action to recover damages based on strict liability, negligence and breach of implied and express warranties.

Su…