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BIC PEN CORP. v. CARTER

No. 09-0039.

346 S.W.3d 533 (2011)

BIC PEN CORPORATION, Petitioner, v. Janace M. CARTER, as Next Friend of Brittany Carter, Respondent.

Supreme Court of Texas.

Decided June 17, 2011.

Rehearing Denied September 30, 2011.

Attorney(s) appearing for the Case

Reagan W. Simpson , King & Spalding LLP, Austin, Kyle H. Dreyer , Hartline Dacus Barger Dreyer & Kern, LLP, Dallas, Darrell L. Barger , Hartline Dacus Barger Dreyer, L.L.P., Corpus Christi, Bert L. Huebner , Bay City, Amy Eikel, King & Spalding LLP, Houston, for Bic Pen Corporation.

Lisa D. Powell , Daniel Keith Worthington , Daniel G. Gurwitz , Atlas & Hall, L.L.P., McAllen, Daniel W. Shindler , Bay City, for Janace M. Carter.

O. Rey Rodriguez , Fulbright & Jaworski L.L.P., Dallas, for Amicus Curiae Product Liability Advisory Council, Inc.

Justice JOHNSON delivered the opinion of the Court.

Six-year-old Brittany Carter was burned when her five-year-old brother accidently set fire to her dress with a BIC lighter. The trial court entered judgment against BIC based on jury findings that the lighter was defectively designed and manufactured and that each of the defects caused Brittany's injuries. The court of appeals affirmed based on the defective design finding and did not reach BIC's other issues.

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