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BITLER v. A.O. SMITH CORP.

No. 02-1527.

400 F.3d 1227 (2005)

Fred D. BITLER; Peggy A. Bitler; Colorado Compensation Insurance Authority, a political subdivision of the State of Colorado, Plaintiffs — Appellees, v. A.O. SMITH CORPORATION, a foreign corporation; National Propane Corp., formerly known as All Seasons Propane, a Colorado corporation, Defendants, and White Rodgers, a subsidiary of Emerson Electric Corp., a foreign corporation, Defendant — Appellant.

United States Court of Appeals, Tenth Circuit.

As Clarified on Partial Grant of Rehearing February 9, 2005.

Attorney(s) appearing for the Case

Daniel A. Nelson (Bruce A. Lampert, with him on the briefs), Schaden, Katzman, Lampert & McClune, Broomfield, Colorado, for Plaintiffs-Appellees Fred and Peggy Bitler.

Andrew M. Low (Peter J. Krumholz, with him on the briefs), Davis, Graham & Stubbs LLP, Denver, Colorado, for Defendant-Appellant.

Before LUCERO, McKAY and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

Danger lurked in Fred and Peggy Bitler's basement, liability for which is the occasion for the present appeal. Mr. Bitler was severely burned when a gas explosion occurred in the basement of his home. On filing a products liability suit against, inter alia, White-Rodgers as manufacturer of the gas control installed in his basement water heater, a jury returned a verdict finding negligence and product defect and awarded damages to the Bitlers...

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