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SMITH v. J.C. PENNEY COMPANY, INC.

525 P.2d 1299 (1974)

Marilyn SMITH, by and through Her Guardian Ad Litem, J.D. Smith, Respondent and Cross-Appellant, v. J.C. PENNEY COMPANY, INC., and Roseda Corp., Cross-Respondents, Eugene L. McCabe and Delbert Slagh, Individually and As a Partnership Doing Business As the Central Enco Service Station, Coos Bay, Oregon, Respondents and Cross-Appellants, The Bunker-Ramo Corporation, Appellant.

Supreme Court of Oregon.

Decided September 9, 1974.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant The Bunker-Ramo Corporation. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Roland K. Banks and Henry C. Willener, Portland.

John C. Uhlenhopp, Coos Bay, argued the cause for respondents and cross-appellants Eugene L. McCabe and Delbert Slagh, dba The Central Enco Service Station, Coos Bay, Oregon. On the briefs were McKeown, Newhouse, Foss & Whitty and John Foss, Coos Bay.

Raymond J. Conboy, Portland, argued the cause for respondent and cross-appellant Smith. With him on the brief were Pozzi, Wilson & Atchison, Frank H. Pozzi and Richard P. Noble, Portland.

Edward H. Warren, Portland, argued the cause for cross-respondents. With him on the brief were Hershiser, Mitchell & Warren, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.

DENECKE, Justice.

This is a products liability case. The plaintiff was badly burned when a gasoline fire broke out in a service station and ignited an allegedly highly inflammable "fake fur" coat worn by plaintiff. A gasoline line on an automotive vehicle was being blown out with the air pressure hose used to inflate tires. So much force was applied to the gasoline line that it blew a spray of gasoline out of the vehicle's opened tank and through an open door into...

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