MOOR v. BABBITT PRODUCTS, INC.

No. 49800.

575 P.2d 969 (1978)

Blanche MOOR, Appellant, v. BABBITT PRODUCTS, INC., a corporation, BTB Corporation, a corporation, B.T. Babbitt, Inc., a corporation, and Bob Haslett, d/b/a Bob Haslett Rexall Drug Store, Appellees, and American Can Company, Third-Party Defendant, Appellee.

Supreme Court of Oklahoma.

February 28, 1978.


Attorney(s) appearing for the Case

Garrison, Brown & Carlson by Alan R. Carlson, Bartlesville, for appellant.

Rogers, Rogers & Jones, Green, Feldman & Hall, Richard D. Gibbon & Assoc., Whitten, McDaniel, Osmond, Goree & Davies, Tulsa, for appellees.


DOOLIN, Justice.

In a tort action, does the failure of a plaintiff to produce an allegedly defective product for discovery purposes under 12 O.S. 1971 §§ 548, 549, require dismissal of the action, if the product is lost and plaintiff is in no way responsible for its loss? We hold that it does not.

Plaintiff purchased a can of Acme Chlorinated Lime, a cleaning compound, from defendant Haslett Drug Store....

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