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CASE NOTES

By ALM Staff | Law Journal Newsletters |

Plaintiffs Defeat Summary Judgment Against Manufacturer of Lighter

A mother, Shonda, and her son, Brandon, died in a fire in their trailer. The fire investigators determined the fire started in 4-year-old Brandon's room, and the only incendiary device found in the room was the metal tip of a utility lighter. The families sued the manufacturer of the lighter in federal court. They sought compensatory and exemplary damages on the basis of product liability, negligence, breach of express and implied warranties, misrepresentation, and violations of the Texas Deceptive Trade Practices Act, Tex. Bus. & Com. Code ' 17.46 et seq.

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