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STAPLETON v. KAWASAKI HEAVY INDUSTRIES, LTD.

No. 77-2115.

608 F.2d 571 (1979)

Ellen L. STAPLETON, Plaintiff-Appellee, v. KAWASAKI HEAVY INDUSTRIES, LTD. and Kawasaki Motors Corp., U.S.A., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing and Rehearing Denied February 27, 1980.

Attorney(s) appearing for the Case

Hamilton Lokey, Glenn Frick, Atlanta, Ga., for defendants-appellants.

Harold S. White, Alfred B. Adams, III, Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD, Circuit Judge, SKELTON, Senior Judge, and RUBIN, Circuit Judge.

GODBOLD, Circuit Judge:

Plaintiff's son accidentally tipped over a Kawasaki motorcycle while cleaning it in the basement of his home. Because the fuel switch had not been turned to the off position, gasoline leaked from the tank and was ignited by the pilot light in a heater. Plaintiff's home was damaged by the ensuing fire. Plaintiff sued Kawasaki Heavy Industries, manufacturer of the motorcycle, and Kawasaki Motors Corp., U.S.A., distributor of the motorcycle, alleging...

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