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Products Liability Keyed Owen, 8th Ed.
Ellsworth v. Sherne Lingerie, Inc.
Citation:
495 A.2d 348 (1985)Facts
On February 25, 1980, Elizabeth Horton Ellsworth wore a flannelette nightgown (made of 87½% cotton and 12½% polyester) into her kitchen to make coffee. She was wearing the nightgown inside out, causing the side pockets to flap outward. While reaching for a coffee filter above her electric stove, her nightgown came into contact with or very close to an exposed portion of a hot burner, igniting the fabric. Cone Mills had included a warning in its shipping invoice to Sherne that the fabric was flammable and should not be worn near fire sources, but Sherne did not pass this warning to consumers. Both defendants conceded it was foreseeable that the nightgown would be worn in a kitchen near a stove, but maintained that the fabric complied with federal flammability standards and was safe for adult sleepwear.
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