SWIX v. DAISY MFG. CO., INC.

No. 02-2154.

373 F.3d 678 (2004)

Randy SWIX, Pamela Swix, Co-Conservators of the Estate of Aaron Ray Swix, Plaintiffs-Appellants, v. DAISY MANUFACTURING CO., INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 23, 2004.


Attorney(s) appearing for the Case

Clark Shanahan (argued and briefed), Shanahan & Hoy, Owosso, MI, for Plaintiffs-Appellants.

Jack O. Kalmink (argued and briefed), Paul C. Smith (briefed), Clark Hill PLC, Detroit, MI, for Defendant-Appellee.

Before: MARTIN, CLAY, and CUDAHY, Circuit Judges.


OPINION

CUDAHY, Circuit Judge.

Your mother refused to buy you a BB gun, warning that "you'll shoot your eye out." Apparently she was right to be concerned. Based on the facts of this case and a review of other cases on the topic, it seems that BBs are attracted to children's eyes as politicians are attracted to television cameras. After losing the use of one eye, Aaron Swix together with his parents brought this products liability action against Daisy, the...

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