Schwartz

Schwartz v. McGraw-Edison Co.

Caution
14 Cal. App. 3d 767·1971 Cal. App. LEXIS 1033·92 Cal. Rptr. 776·66 A.L.R. 3d 808
Court of Appeal of CaliforniaJanuary 27, 1971Civ. 35818California5,247 words

Opinion

Opinion

Frampton, J.

Statement of the Case

The minor plaintiff, through her guardian ad litem, by her second amended complaint, sought damages for personal injuries alleged to have been sustained when a gas heater set fire to her nightgown. She named as defendants McGraw-Edison Company, a corporation (hereafter Mc-Graw), A.. F. Thompson Manufacturing Co., a corporation (hereafter Thompson), The Eastern Isles, Inc., a corporation (hereafter Eastern), James H. Wolfe, individually and doing business as Youngland (hereafter Wolfe), and Mary Anne March (hereafter March).

According to the allegations of the second amended complaint, defendant Eastern manufactured the nightgown which in turn was sold by Wolfe; the accident occurred on premises owned by defendant March which had been leased to one Clayton Thompson. As will hereafter be shown, the defendant Thompson (the corporation) had manufactured the gas heater and had thereafter placed it in the channels of commerce. After the accident, Mc-Graw purchased certain assets of defendant Thompson and had by written agreement assumed certain products warranties for which defendant Thompson was liable to its customers. Defendant Thompson was never…

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