SMITH v. ROBERTSHAW CONTROLS CO.

No. 04-12262.

410 F.3d 29 (2005)

Daniel T. SMITH, Individually and as Executor of the Estate of Nora M. Smith, Plaintiff, Appellant, v. ROBERTSHAW CONTROLS COMPANY, American Water Heater Company, and AmeriGas Propane, L.P., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 27, 2005.


Attorney(s) appearing for the Case

Mark S. Bourbeau, with whom Bourbeau & Associates P.C. was on brief, for appellant.

Michael W. Gallagher, with whom Andrea S. Batchelder and Gallagher & Cavanaugh were on brief, for appellee Robertshaw Controls Company.

Maynard M. Kirpalani, with whom Kathleen M. Colbert, Helen E. Tsingos, and Wilson, Elser, Moskowitz, Edelman & Dicker LLP were on brief, for appellee American Water Heater Company.

Frank W. Beckstein, III, with whom Catherine M. Costanzo and Nelson, Kinder, Mosseau & Saturley, P.C. were on brief, for appellee AmeriGas Propane, L.P.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.


LIPEZ, Circuit Judge.

This personal injury case stems from a horrific accident in which plaintiff-appellant Daniel Smith was badly burned while attempting to light a propane water heater in his basement, allegedly due to a faulty control valve. Smith sued the company that made the control (Robertshaw Controls Company), the company that made the water heater (American Water Heater Company), and the company that supplied the gas (AmeriGas Propane). The district court...

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