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FOGLIO v. WESTERN AUTO SUPPLY

Docket No. 15286.

56 Cal.App.3d 470 (1976)

128 Cal. Rptr. 545

CARMEN FOGLIO, a Minor, etc., Plaintiff and Appellant, v. WESTERN AUTO SUPPLY et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

March 23, 1976.

Attorney(s) appearing for the Case

COUNSEL

Rager, Rager, Winstead & Bright and William P. Winstead for Plaintiff and Appellant.

Chase, Rotchford, Drukker & Bogust, E. Michael Kaiser, Wilson, Borror & Dunn and Caywood J. Borror for Defendants and Respondents.

OPINION

TAMURA, Acting P.J.

Plaintiff, a minor, brought the instant action for damages for the loss of an eye when he was allegedly struck by a projectile discharged from a rotary power lawnmower manufactured by defendant M.T.D. Corporation (M.T.D.) and sold by defendant Western Auto Supply Corporation (Western Auto). Plaintiff's action was based solely on the theory of strict liability of a manufacturer or distributor for marketing...

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