McDivitt v. S. S. Kresge Co.

Cardamone, J.P., and Simons, J. (dissenting).

Plaintiff seeks to recover damages for personal injuries- sustained as the result of an explosion of an aerosol can of spray paint. She has sued defendant Denniston Chemical Company, an Illinois corporation, along with several others. Denniston, who allegedly packaged the can, instituted a third-party complaint against Southern Can Company, who made cans for the paint manufacturer and Southern moved for an examination before trial of Denniston and deposed its president, William Denniston. He was unable to identify the can in issue as one packaged…