Vito Milanese, Jr. And Suzanne Milanese v. Rust-Oleum Corporation
Court of Appeals for the Second Circuit
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
BACKGROUND
Vito Milanese, Jr. (“Milanese”) was the co-owner of a small landscaping business. His amour propre, however, was his Ferrari 308. In December 1996, he dedicated his evenings to rust-proofing the chassis. This tedious operation required wire-brushing the entire under-body of the car, then applying a rust-preventing primer coat, followed by a coat of enamel. For use in priming and painting, Milanese bought a can of Rust-Oleum Rusty Metal Primer (the “Primer”) and a can of Rust-Oleum Protective Enamel (the “Enamel”). While using the primer, vapors were ignited…
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