SCHOEN BY AND THROUGH SCHOEN v. SPOTLIGHT CO.

Civil Action No. 96-2384-GTV.

979 F.Supp. 1379 (1997)

Brooke A. SCHOEN, a Minor, By and Through Billy and Darla SCHOEN, Her Parents and Next Friends, Plaintiff, v. SPOTLIGHT CO., INC., and Wal-Mart Stores, Inc., Defendant.

United States District Court, D. Kansas.

September 18, 1997.


Attorney(s) appearing for the Case

Brett A. Reber, David N. Harger, Bremyer & Wise, P.A., McPherson, KS, Mary E. Clune, White, Allinder & Graham, L.L.C., Independence, MO, Douglas R. Dalgleish, Thomas S. Stewart, Brian J. Madden, Lathrop & Gage L.C., Kansas City, MO, for Billy Schoen, Brooke A. Schoen, Darla Schoen.

Barry E. Warren, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, for Spotlight Co., Inc.

Eric T. Swanson, Knipmeyer, McCann, Smith, Manz & Gotfredson, Kansas City, MO, Nancy S. Anstaett, Rowe & Anstaett, L.L.C., Overland Park, KS, R. Alexander Pryor, Kansas City, MO, for Wal-Mart Stores, Inc.


MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiff brings this diversity action, alleging that she suffered severe burns after the nightgown that her father had purchased from Wal-Mart burst in to flames. Plaintiff claims that defendants defectively designed the nightgown by not treating the nightgown with a flame-retardant substance and failed to properly warn that the nightgown was not flame-retardant or was only intended for use by adults...

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