Legal Opinion

Smith v. Scripto-Tokai Corp.

District Court, W.D. Pennsylvania

Decided November 2, 2001No. 99-1707Published

1Opinion of the Court

MEMORANDUM ORDER

CINDRICH, District Judge.

This is a case for damages arising out of a residential fire started by plaintiffs’ three-year-old child using a butane utility lighter manufactured by defendants. On June 15, 2000, we granted defendants’ motion to dismiss all claims except negligence. As to the negligence claim, we explained that we were bound to follow the Court of Appeals’ decision in Griggs v. BIC Corp., 981 F.2d 1429 (3d Cir.1992), and chastised defendant’s counsel for his lack of candor to the tribunal in failing to acknowledge that case. See Memorandum Order dated June 15, 2000,…

2Cases cited15 opinions

  1. Webb v. ZernSupreme Court of Pennsylvania · 1966
  2. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
  3. Sarah Borse v. Piece Goods Shop, IncCourt of Appeals for the Third Circuit · 1992
  4. Portia Motter, and Lawrence Motter, H/w v. Everest & Jennings, Inc.Court of Appeals for the Third Circuit · 1989
  5. Griggs v. BIC Corp.Court of Appeals for the Third Circuit · 1992

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