BRECH v. J. C. PENNEY CO., INC.

CIV 79-4065.

532 F.Supp. 916 (1982)

Jane BRECH, Plaintiff, v. J. C. PENNEY COMPANY, INC., Defendant.

United States District Court, D. South Dakota, S. D.

February 24, 1982.


Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, S. D., and John P. Blackburn, Yankton, S. D., appeared in behalf of plaintiff.

Steven M. Johnson of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, S. D., appeared in behalf of defendant.


MEMORANDUM DECISION

NICHOL, Senior District Judge.

This is a products liability diversity action brought by Jane Brech (Jane or Brech) against the defendant, J. C. Penney Company, Inc. (Penneys) to recover damages for injuries she received when the nightgown she was wearing caught fire. Brech is seeking one million dollars in compensatory damages. Brech's complaint sets forth two counts, both founded in strict liability in tort. In the first count Brech...

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