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JENNINGS v. BIC CORP.

No. 95-2963.

181 F.3d 1250 (1999)

Selma JENNINGS, individually and as next friend of Maximo Edwards, a minor, and Maximo Edwards, a minor, Plaintiffs-Appellants, v. BIC CORPORATION and Southland Corporation, d.b.a. 7-Eleven, Defendants-Appellees, Montgomery Ward & Co., Defendant-Third-Party-Plaintiff-Appellee, Pajama Corporation of America, a New York corporation, Third-Party-Defendant.

United States Court of Appeals, Eleventh Circuit.

July 22, 1999.

Attorney(s) appearing for the Case

John W. Andrews, Tampa, FL, Loren E. Levy, The Levy Law Firm, Tallahassee, FL, for Plaintiffs-Appellants.

Lora A. Dunlap, John Fisher, Fisher, Rushmer, Werrenrath, Wack & Dickson, P.A., Orlando, FL, for BIC Corp.

Clifford L. Somers, Somers & Associates, Tampa, FL, for Montgomery Ward.

Before COX and BARKETT, Circuit Judges, and SMITH, Senior Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge:

Selma Jennings and Maximo Edwards (collectively, "Jennings") sued the makers and distributors of a pair of pajamas and of a disposable lighter after Maximo was injured when his pajamas caught fire. The District Court for the Middle District of Florida granted partial summary judgment to the BIC Corporation ("BIC"), holding that BIC had no duty to child-proof its lighters under Florida law. The district court also denied Jennings...

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