Hester and Nicholas M. Ross, Jr. v. John's Bargain Stores Corporation

GEWIN, Circuit Judge:

Hester and Nicholas Ross, appellants, brought this wrongful death diversity action against retailer, John’s Bargain Stores Corporation (John’s), appellee. The Ross’s daughter, 7 year old Patricia Ann Ross, died as a result of burns received when her nightgown which had been purchased- from John’s caught fire. The complaint also named the manufacturer of the nightgown as a defendant; this suit, however, does not involve that claim. Without stating its reasons, the district court granted John’s motion for summary judgment. The parents appeal. We reverse.

John’s is a large…