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BIC PEN CORP. v. CARTER

No. 13-03-560-CV.

171 S.W.3d 657 (2005)

BIC PEN CORPORATION, Appellant, v. Janace M. CARTER, Individually and as Next Friend of Brittany Carter, Jonas Carter and Tarasha Gipson, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

August 18, 2005.

Attorney(s) appearing for the Case

Bert L. Huebner, Bay City, Reagan Wm. Simpson, King & Spalding, Houston, Darrell L. Barger, Hartline, Dacus, Barger, Dreyer, Corpus Christi, Kyle H. Dreyer, Hartline, Dacus, Barger, Dreyer & Kern, L.L.P., Dallas, for Appellant.

Lisa Powell, Daniel G. Gurwitz, Daniel Keith Worthington, Atlas & Hall, McAllen, for Appellee.

Before Justices HINOJOSA, YAñez, and GARZA.

OPINION

Opinion by Justice GARZA.

This is a products liability case. Six-year-old Brittany Carter sustained third-degree burns to over 55 percent of her body when her five-year-old brother Jonas accidently set fire to her dress using a model J-26 lighter made by Bic Pen Corporation. Brittany's mother, Janace Carter, sued Bic as next friend of Brittany, claiming Brittany's injuries were caused by manufacturing and design defects in the lighter. The jury found...

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