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CUMMINS v. BIC USA, INC.

No. 12-5635.

727 F.3d 506 (2013)

David R. CUMMINS, Conservator for C.A.P., a minor, Plaintiff-Appellant, v. BIC USA, INC. and BIC Consumer Products Manufacturing Company, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2013.

Attorney(s) appearing for the Case

ARGUED: Joseph H. Mattingly, III , Mattingly & Nally-Martin PLLC, Lebanon, Kentucky, for Appellant. Edward H. Stopher , Boehl, Stopher & Graves LLP, Louisville, Kentucky, for Appellees. ON BRIEF: Joseph H. Mattingly, III , Mattingly & Nally-Martin PLLC, Lebanon, Kentucky, for Appellant. Edward H. Stopher , Raymond G. Smith , Todd P. Greer , Boehl, Stopher & Graves LLP, Louisville, Kentucky, for Appellees.

Before: KEITH and McKEAGUE, Circuit Judges; WATSON, District Judge.

OPINION

KEAGUE, Circuit Judge.

This products liability action stems, tragically, from severe burn injuries suffered by a three-year old boy. After a nine-day trial, the jury returned a verdict for the manufacturer of the cigarette lighter that started the injurious fire. The jury found the lighter was not defective or unreasonably dangerous in a way that causally contributed to the injuries. Plaintiff contends on appeal that the trial was unfair because...

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