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Products Liability Keyed to Fischer, 6th Ed.
First Premier Bank v. Kolcraft Enterprises, Inc.
Citation:
686 N.W.2d 430, 2004 S.D. 92 (2004)Facts
On January 12, 1992, ten-month-old Daniel Boone was severely burned while sleeping in a playpen in his parents’ apartment. The playpen was manufactured by Kolcraft Enterprises, which used two types of polyurethane foam in its playpen pads: fire-retardant treated foam for customers in California (as required by law) and non-treated foam for all other customers. Daniel’s playpen contained the non-treated foam. After the incident, Kolcraft began using treated foam in all its pads. Daniel’s mother initially sued their landlord, which resulted in a settlement. First Premier Bank was later appointed as Daniel’s guardian ad litem to pursue legal action against Kolcraft, alleging the playpen was defectively designed or failed to provide adequate warnings. Before trial, both sides submitted numerous motions in limine, but the judge declined to rule on them until the parties were ready to offer evidence during trial. During opening statements, defense counsel disclosed the prior settlement with the landlord. The trial court ultimately granted plaintiff’s motion in limine to exclude evidence of the settlement but found that the disclosure in opening statements did not warrant a new trial. After a three-week trial, the jury found against the plaintiff.
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