Foster

Plaintiff Clyde Foster filed the within action against defendant Gillette Company to recover damages for personal injuries alleged to have been caused by a defective product manufactured by defendant. The jury returned a verdict in favor of defendant, and Foster appeals.

The occurence giving rise to this litigation took place in Foster’s apartment at 172 Sixth Street, San Francisco, on the evening of September 2, 1974. At that time Foster planned to go out to dinner with two of his friends, Larry Kidder and James Stafford. He showered, combed his hair, and while still in the bathroom sprayed his hair with respondent’s product, a hair spray called “The Dry Look.” He described the length of his hair as being “down below my ears a little bit.” Foster testified that while in his bathroom he sprayed his hair four to five seconds with defendant’s product and then went into the room where his two friends were waiting for him and sat in a chair. Approximately 14 seconds after spraying his hair he started to light a cigar with his lighter. He said that he brought the flame of the lighter toward the cigar in his mouth and an instant later he went up in flames. His attorney asked…