Phillips v. Cricket Lighters

OPINION

Chief Justice CAPPY.

This is an appeal by allowance. We are asked to resolve whether the Superior Court properly reversed the trial court’s entry of summary judgment, thus allowing the breach of warranty and punitive damages claims to proceed in this matter. For the reasons that follow, we now reverse.

On the night of November 30, 1993, two year old Jerome Campbell (“Jerome”) retrieved a Cricket disposable butane cigarette lighter which belonged to his mother, Robyn Williams (“Robyn”). It is uncontested that this butane lighter lacked any child-resistant feature. Jerome was able to use…