Jane Brech v. J.C. Penney Company, Inc.

JOHN R. GIBSON, Circuit Judge.

Jane Brech was severely burned when her cotton flannelette nightgown caught fire while she was cooking breakfast. Her strict liability claims against J.C. Penney Company, from whom the gown was allegedly purchased, were tried to the district court without a jury, and a judgment for defendant resulted. 1 Brech v. J.C. Penney Company, Inc., 532 F.Supp. 916 (D.S.D. 1982). Jane Brech contends that the district court erred in concluding that the nightgown was not unreasonably dangerous, and in finding that Penney’s had no duty to warn her of the nightgown’s alleged…