DOLE FOOD v. NORTH CAROLINA FOAM INDUS.

No. 1 CA-CV 95-0300.

188 Ariz. 298 (1996)

935 P.2d 876

DOLE FOOD COMPANY, INC., and Dole Fresh Vegetables, Inc., Plaintiffs-Appellants, v. NORTH CAROLINA FOAM INDUSTRIES, INC., Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Review Granted April 29, 1997.

Review Dismissed as Improvidently Granted June 25, 1997.


Attorney(s) appearing for the Case

Gammage & Burnham P.L.C. by Richard K. Mahrle, Phoenix and Robins, Kaplan, Miller & Ciresi by William P. Linhoff, Jr., Costa Mesa, CA, for Plaintiffs-Appellants.

Nye & Downey, P.L.C. by William J. Downey, Robert L. Fruge, Phoenix, for Defendant-Appellee.


OPINION

LANKFORD, Judge.

Dole Food Company ("Dole") appeals the entry of summary judgment in favor of North Carolina Foam Industries ("NCFI"). We reverse the judgment.

The appeal involves the adequacy of NCFI's product warnings. Dole filed this product liability action after a welding spark ignited polyurethane foam insulation and caused a fire that substantially damaged a Dole facility. Dole alleged that NCFI, which had supplied the foam, failed to...

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