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TOUPS v. SEARS ROEBUCK AND CO., INC.

No. CA-2055.

499 So.2d 344 (1986)

Emerza TOUPS and Richard S. Toups, Sr. v. SEARS ROEBUCK AND COMPANY, INC. et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted January 30, 1987.

Attorney(s) appearing for the Case

John J. McCann, James A. McCann, McCann, McCann, Gennusa, Thomas L. Giraud, Salvador Cusimano, Charles A. Verderame, Giraud, Cusimano and Verderame, New Orleans, for plaintiffs-appellants.

Lawrence J. Ernst, Christovich and Kearney, New Orleans, for defendant-appellee Sears Roebuck and Co. Inc.

John C. Combe, Jr., Madeleine Fischer, Jones, Walker, Waechter, Poitevent, Carrere and Denegre, New Orleans, for defendant-appellee State Industries Inc.

Before SCHOTT, BARRY and WILLIAMS, JJ.

SCHOTT, Judge.

Shawn M. Toups, a three year old, was badly injured in a flash fire which occurred in a shed attached to the rear of his grandmother's house. The child's parents brought this products liability claim against Sears Roebuck and Company, the vendor of a water heater and a lawnmower, alleged to have been the immediate cause of the fire, and against State Industries, Inc., the heater's manufacturer. The case was...

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