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KELLER v. WELLES DEPT. STORE OF RACINE

No. 78-032.

88 Wis.2d 24 (1979)

276 N.W.2d 319

KELLER, a minor, by David Monson, his Guardian ad Litem, and another, Plaintiffs-Respondents, v. WELLES DEPARTMENT STORE OF RACINE, and another, Defendants-Appellants: SPERRY, Defendant.

Court of Appeals of Wisconsin.

Decided January 26, 1979.

Attorney(s) appearing for the Case

For the plaintiff-respondent, there was a brief and oral argument by David M. Monson and Duane L. Arena, of Counsel of Racine.

For the defendants-appellants, there were briefs and oral argument by James Riordan of Kasdorf, Dall, Lewis & Swietlik S. C. of Milwaukee and Thomas Knoll of the Law Offices of Ronald Piette of Milwaukee.

Before Moser, P.J., Brown, J., and Bode, J.

BODE, J.

This is a products liability case. On October 21, 1971, two and one-half year old Stephen Keller was playing with two year old William Sperry in the basement of the Sperry home. The boys were playing with a gasoline can which had been filled with gasoline by Wayne Sperry, William's father. The can was manufactured by Huffman Manufacturing Company, Inc. (Huffman) and was purchased by Wayne Sperry at Welles Department Store (Welles). The children were near...

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