Brown v. Chapman

304 F.2d 149 4 A.L.R.3d 490 Charles E. BROWN, and Edith L. Brown, his wife, and Merle D. Chase and Helen chase his wife d/b/a Around the World Gift Shop, a copartnership, Appellants, v. Carol Lee CHAPMAN, Cecil H. Chapman and Ruby Chapman, his wife, Appellees. No. 17720. United States Court of Appeals Ninth Circuit. May 24, 1962, Rehearing Denied June 26, 1962. Kizer, Gaiser, Stoeve, Layman & Powell and John Layman, Spokane, Wash., Pratt, Moore, Bortz & Vitousek, Horold T. Kay and Alan C. Kay, Honolulu, Hawaii, for appellants. Hullin, Ehrlichman, Carroll & Roberts and John A. Roberts, Seattle, Wash., Anderson, Wrenn, & Jenks, Martin Anderson, Wrenn, & Jenks, Martin Hawaii, for appellees. Before BARNES, JERTBERG and MERRILL, Circuit Judges. MERRILL, Circuit Judge. 1 This diversity action was brought to recover damages for personal injuries suffered by Carol Lee Chapman as the result of the burning of a hula skirt which she was wearing. 1 Suit was brought against the owners of the shop which had sold the skirt. The complaint charged negligence and breach of warranty. 2 Following trial to a jury, a verdict in favor of Carol in the sum of $125,000.00 was rendered,…