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HOLMES v. WEGMAN OIL CO.

Nos. 15591, 15592, 15593, 15607, 15608 and 15609.

492 N.W.2d 107 (1992)

Christine HOLMES, Plaintiff and Appellee, v. WEGMAN OIL COMPANY, Defendant and Appellee, and White-Rodgers Division of Emerson Electric Company, and A.O. Smith Corporation, Defendants and Appellants. George P. HOLMES, as Special Administrator of the Estate of Laura Holmes, Deceased, and George P. Holmes, as Guardian ad Litem of William Holmes and George Holmes, Minors, Plaintiff and Appellee, v. WEGMAN OIL COMPANY, Defendant and Appellee, and White-Rodgers Division of Emerson Electric Company, and A.O. Smith Corporation, Defendants and Appellants. Merrell NESS, Plaintiff and Appellee, v. WEGMAN OIL COMPANY, Defendant and Appellee, and White-Rodgers Division of Emerson Electric Company, and A.O. Smith Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Timothy M. Gebhart and Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, Allen J. Eide and Thomas F. Burns of Gribbin, Burns & Eide, Watertown, for appellees Christine Holmes, George P. Holmes, and Merrell Ness.

John E. Simko of Woods, Fuller, Shultz & Smith Sioux Falls, for appellee Wegman Oil.

James C. Roby of Green, Schulz, Roby & Oviatt, Watertown, Ludwig E. Kolman and William M. Cohn of Pope & John, Ltd., Chicago, Ill., for appellants.

SABERS, Justice.

Plaintiffs recovered substantial damages for serious injuries received in an LP gas water heater explosion. Defendants appeal. We affirm.

FACTS

White-Rodgers, a division of Emerson Electric Company, Inc. (White-Rodgers), was the manufacturer of the Starstat 3700 series liquified propane (LP) gas water heater thermostatic control (control). The development of the control began in 1962. Following testing, it was placed on the market...

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