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Nichols v. Union Underwear Co.

Supreme Court of Kentucky
602 S.W.2d 429 (1980)


Facts

Richard Nichols (plaintiff) was playing with matches when his T-shirt caught on fire, causing him injury. The shirt was manufactured by Union Underwear Company, Inc. (Union) (defendant). The shirt was in compliance with all federal flammability standards. Nichols brought a strict-liability design-defect suit against Union. The trial court instructed the jury on the consumer-expectation test, under which a product is deemed defective if its condition at the time the product leaves the hands of the seller is not contemplated by an ordinary consumer of the product and is unreasonably dangerous to the consumer. The jury returned a verdict for Union. The court of appeals affirmed. Nichols appealed, arguing that the jury instruction was improper.

Rule of Law

Issue

Holding and Reasoning (Stephens, J.)

Concurrence (Lukowsky, J.)

Dissent (Stephenson, J.)

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