Keller v. Welles Department Store of Racine
Wisconsin Court of Appeals
88 Wis. 2d 24, 276 N.W.2d 319 (1979)
- Written by Noah Lewis, JD
Facts
In 1971, Stephen Keller (plaintiff) and William Sperry, both two years old, were playing unsupervised in the basement of Sperry’s home. The boys were playing with a full gasoline can manufactured by Huffman Manufacturing Company, Inc. (Huffman) (defendant). Sperry’s father, Wayne Sperry, had purchased the can at Welles Department Store of Racine (Welles) (defendant). The boys poured gasoline from the can, which ignited due to being near the gas furnace or hot-water heater. Keller was severely burned. Keller brought negligence and strict-liability claims against Huffman and Welles for selling a gasoline can without a child-proof cap. Huffman and Welles moved to dismiss the complaint for failure to state a claim upon which relief could be granted. The trial court denied the motion. Huffman and Welles appealed.
Rule of Law
Issue
Holding and Reasoning (Bode, J.)
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