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Virgil v. “Kash N’ Karry” Service Corp.

Maryland Court of Special Appeals

484 A.2d 652 (1984)

Facts

Irma Virgil (plaintiff) bought a thermos manufactured by Aladdin Industries, Incorporated (Aladdin), and sold by “Kash N’ Karry” Service Corporation (Kash) (defendants). The label said the thermos was easy to clean but lacked cleaning instructions, stated it contained glass, and recommended against use by children. Virgil regularly filled the thermos with coffee and milk and never dropped or misused it. Three months after purchase, Virgil poured hot coffee into the thermos and was pouring milk into it when the thermos imploded. Virgil’s eye was injured by the hot coffee and glass. Virgil sued Aladdin and Kash, alleging negligent failure to warn of the thermos’s dangerousness, breach of express warranty and implied warranty of merchantability, and strict liability. The trial court granted a directed verdict to Aladdin and Kash, concluding Virgil had not shown the thermos was defective when purchased. Virgil appealed.

Rule of Law

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Holding and Reasoning (Bloom, J.)

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