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WEEMS v. CBS IMPORTS CORP.

Nos. 77-7079; CA 14274, 77-6828; CA 14275.

612 P.2d 323 (1980)

46 Or.App. 539

Patrick WEEMS, Respondent, v. CBS IMPORTS CORPORATION; UNISHOP M & B OF OREGON, Inc.; and Payless Drug Stores N.W., Inc., Appellants, Does I through X, Including Each and Every Number between I and X, Inclusive; Black Company and White Company and Red Company, Defendants, (Two Cases).

Court of Appeals of Oregon.

Decided June 9, 1980.

Attorney(s) appearing for the Case

Darst B. Atherly, Eugene, argued the cause for appellants. On the briefs were George A. Burgott, and Thwing, Atherly & Butler, Eugene.

Mickie E. Jarvill, Eugene, argued the cause for respondent. With her on the brief was Jarvill & Jarvill, Eugene.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

Defendants appeal from the judgment entered on a jury verdict in favor of plaintiff in an action for personal injuries based on strict liability in tort. The only question presented is whether the trial court committed reversible error in giving a jury instruction. We conclude that it did, and reverse.

Plaintiff, then 13 years old, was injured when the recently-acquired cotton flannel pajamas he was wearing caught fire as he sat about...

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