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DI MASO v. WIEBOLDT STORES, INC.

No. 61208.

37 Ill. App.3d 966 (1976)

347 N.E.2d 466

VICTOR RICHARD DI MASO, a Minor, by Victor Di Maso et al., his Parents and Next Friends, Plaintiff-Appellee, v. WIEBOLDT STORES, INC., et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Rehearings denied May 14, 1976, and May 21, 1976.

Attorney(s) appearing for the Case

Kirkland & Ellis, of Chicago (Francis B. Libbe, Gary M. Elden, and Philip C. Stahl, of counsel), for appellant Troy Textiles, Inc.

French & Rogers, of Chicago (Richard G. French and Michael C. Kominiarek, of counsel), for appellants Wieboldt Stores, Inc., and Liberty Pajamas Company.

Joe Reiff, of Whitewater, Wisconsin, for appellees.

Order affirmed.

Mr. JUSTICE BARRETT delivered the opinion of the court:

This is an appeal from an order granting plaintiff a new trial after a jury verdict in favor of defendants.

The evidence adduced at trial discloses the following occurrences.

Plaintiff, a six-year old boy, was injured when his pajama tops caught fire. The pajamas had been purchased at Wieboldt's Store, after being manufactured...

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