MATTOCKS v. DAYLIN, INC.

No. 78-1841.

611 F.2d 30 (1979)

Charlotte MATTOCKS and Kevin Mattocks, a minor, by Charlotte Mattocks, his mother, Appellants, v. DAYLIN, INC., Appellee, v. SULLCRAFT MANUFACTURING COMPANY, a corporation t/d/b/a Anson Pajama Company, Appellee, v. DAN RIVER, INC. v. COMMERCIAL UNION INSURANCE COMPANY v. INSURANCE COMPANY OF NORTH AMERICA.

United States Court of Appeals, Third Circuit.

Decided December 12, 1979.


Attorney(s) appearing for the Case

Andrew J. Conner, Dunn & Conner, Erie, Pa., for appellant.

John M. Wolford, MacDonald, Illig, Jones & Britton, Erie, Pa., for Dan River Inc. & INA.

John M. McLaughlin, Knox, Graham, McLaughlin, Gornall & Sennett, Inc., Erie, for Sullcraft Mfg. Co., etc.

James T. Marnen, Knox Graham, McLaughlin, Gornall & Sennett, Inc., Erie, Pa., for Daylin, Inc. & Sullcraft Mfg. Co., Inc., etc.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.


Submitted under Third Circuit Rule 12(6) November 16, 1979.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this diversity products liability case Charlotte Mattocks and Kevin Mattocks a minor, appeal from a judgment for the defendant following an adverse jury verdict. The plaintiffs seek damages on account of burns suffered by Kevin Mattocks when his pajamas caught fire. Their theory of liability was that the fabric from which the pajamas were made...

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