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Products Liability Keyed Owen, 8th Ed.
Latham v. Wal-Mart Stores, Inc.
Citation:
818 S.W.2d 673 (1991)Facts
On January 22, 1987, Roberta Latham, an employee of Wal-Mart, specially ordered a parrot from the store managed by Charles Bezoni. This was an unusual transaction as Wal-Mart did not normally sell parrots. The bird was delivered to Wal-Mart on February 24, 1987, and Roberta picked it up within 30 minutes of delivery. The defendants claimed they never removed the bird from its container or handled it in any way. The Lathams alleged that the parrot was infected with psittacosis, a disease transmittable to humans, and that James Latham contracted the disease from the bird, suffering fever, nausea, loss of appetite, and other symptoms. The Lathams filed suit on November 4, 1988, claiming damages for physical injuries, mental anguish, permanent impairment, and loss of consortium under a strict liability theory.
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