BIC PEN CORPORATION, Petitioner,
v.
Janace M. CARTER, as Next Friend of Brittany Carter, Respondent.
Supreme Court of Texas.https://leagle.com/images/logo.png
Argued February 13, 2007.
Decided April 18, 2008.
Rehearing Denied May 30, 2008.
Attorney(s) appearing for the Case
Reagan W. Simpson, King & Spalding LLP, Houston, Kyle H. Dreyer, Hartline Dacus Dreyer & Kern, L.L.P., Dallas, Darrell L. Barger, Hartline Dacus Barger Dreyer & Kern, L.L.P., Corpus Christi, Bert L. Huebner, Bay City TX, for Petitioner.
Lisa Powell, Daniel Keith Worthington, Daniel G. Gurwitz, Atlas & Hall L.L.P., McAllen, Daniel W. Shindler, Attorney at Law, Bay City, TX, for Respondent.
Brendan K. McBride, Prichard Hawkins McFarland & Young, L.L.P., Amy Eikel, King & Spalding LLP, Houston, O. Rey Rodriguez, Fulbright & Jaworski L.L.P., Dallas, TX, for Amicus Curiae.
Justice MEDINA delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice JOHNSON, and Justice WILLETT joined.
Supreme Court of Texas.
Six-year-old Brittany Carter was severely burned when her five-year-old brother, Jonas, accidentally set fire to her dress with a J-26 model BIC lighter. Janace Carter, acting as Brittany's next friend, sued BIC Pen Corporation claiming Brittany's injuries resulted from manufacturing and design defects in the J-26 lighter. The jury found for Carter, awarding three million dollars in actual damages and two million dollars in exemplary...
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