BROWNLEE v. LOUISVILLE VARNISH CO.

No. 80-7035.

641 F.2d 397 (1981)

Donnell BROWNLEE, a minor who sues by and through his father and next friend, John Brownlee and John Brownlee, Plaintiffs-Appellants, v. LOUISVILLE VARNISH COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

April 3, 1981.


Attorney(s) appearing for the Case

Hare, Wynn, Newell & Newton, Francis H. Hare, Jr., Birmingham, Ala., for plaintiffs-appellants.

McDaniel, Hall, Parsons & Conerly, Jack J. Hall, Birmingham, Ala., for Louisville Varnish Co.

Huie, Fernambucq, Stewart & Smith, Eugene De Martenson, Birmingham, Ala., for Sargent Paint Co.

Davies, Williams & Wallace, John D. Gleissner and Joe R. Wallace, Birmingham, Ala., for Crown, Cork & Seal Co.

Before FAY, KRAVITCH and HATCHETT, Circuit Judges.


FAY, Circuit Judge:

Appellant, a child, appeals the District Court's grant of summary judgment in favor of the appellees, certain manufacturers and distributors of aerosol spray paint cans, on his products liability action for personal injuries caused by the explosion of an aerosol paint can. We find that summary judgment was erroneously granted and reverse.

I

On February 15, 1976 appellant, Donnell Brownlee a five year old boy, was burned over his...

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