Kalivas v. A. J. Felz Co.

The plaintiff, John Kalivas, injured by leakage of a corrosive fluid from a container of drain cleaner sold to him by A. J. Felz Co. (Felz), and sold to Felz by a supplier, Radiator Specialty Co. (Radiator), sued these companies on theories of breach of implied warranty of merchantability (G. L. c. 106, § 2-314) and negligence. 2 Upon trial, the judge directed a verdict for Radiator at the close of the evidence; the case against Felz went to the jury on special questions which were answered in Felz’s favor. On the present appeal the plaintiff challenges the direction for Radiator, as…