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ROSS v. SPIEGEL, INC.

Nos. 76AP-846 and 76AP-847.

53 Ohio App. 2d 297 (1977)

ROSS ET AL., APPELLEES, v. SPIEGEL, INC., ET AL., APPELLEES; TEXTILE ALLIANCE LIMITED ET AL., APPELLANTS. ROSS ET AL., APPELLEES; COMMERCIAL UNION ASSURANCE COMPANIES, APPELLANT, v. SPIEGEL, INC., APPELLANT; LORENZO MANUFACTURING COMPANY ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided September 27, 1977.

Attorney(s) appearing for the Case

Mr. Russell H. Volkema for Melvin L. Ross et al.

Messrs. Knepper, White, Richards & Miller, Mr. Louis E. Gerber and Mr. James A. Readey, for Commercial Union Assurance Companies and Spiegel, Inc.

Messrs. Porter, Wright, Morris & Arthur, and Mr. Terrance M. Miller, for Textile Alliance Limited and Castle Peak Garment Manufacturing Co.

Messrs. Lane, Alton & Horst, and Mr. William L. Millard for C. B. S. Imports.

Messrs. Vorys, Sater, Seymour & Pease, Mr. Thomas Taggart and Ms. Mary Ellen Fairfield, for S. S. Kresge Co., amicus curiae.

McCORMAC, J.

Melvin L. Ross died of burns received when his pajamas ignited on February 11, 1971, while he was a patient at Mt. Carmel Hospital. A wrongful death action was brought against Spiegel from whom the pajamas were purchased and C. B. S. Imports, the wholesaler, who sold the pajamas to Spiegel for retail distribution. The pajamas were alleged to be dangerously flammable and not fit to be used as wearing apparel.

Spiegel served a cross-claim against...

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