Lewin v. McCreight

MEMORANDUM OPINION

CHURCHILL, District Judge.

This is an action arising out of an explosion that allegedly occurred while plaintiffs were mixing a mordant according to the instructions in a book entitled The Complete Metalsmith. Plaintiffs Carol Lewin and Donald Penkivich are suing the author, Tim McCreight, and the publisher, Davis Publications. Defendant Davis moved to dismiss for failure to state a claim upon which relief can be granted pursuant to F.R.C.P. 12(b)(6).

The question before the Court is whether a cause of action against a publisher of a “How To” book for failure to warn of…