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products liability suit in federal district court




I need a two or three paragraph conclusion to a paper about Welge v. planters legal case. Just summing up what happened how it ended and outcome of case. Min Pages: 1;Level of Detail: Show all work;Other Requirements: some back story;Richard Welge, forty-something but young in spirit, loves to sprinkle peanuts on his ice cream sundaes. On January 18, 1991, Karen Godfrey, with whom Welge boards, bought a 24-ounce vacuum-sealed plastic-capped jar of Planters peanuts for him at a K-Mart store in Chicago. To obtain a $2 rebate that the maker of Alka-Seltzer was offering to anyone who bought a "party" item, such as peanuts, Godfrey needed proof of her purchase of the jar of peanuts, so, using an Exacto knife (basically a razor blade with a handle), she removed the part of the label that contained the bar code. She then placed the jar on top of the refrigerator, where Welge could get at it without rooting about in her cupboards. About a week later, Welge removed the plastic seal from the jar, uncapped it, took some peanuts, replaced the cap, and returned the jar to the top of the refrigerator, all without incident. A week after that, on February 3, the accident occurred. Welge took down the jar, removed the plastic cap, spilled some peanuts into his left hand to put on his sundae, and replaced the cap with his right hand--but as he pushed the cap down on the open jar the jar shattered. His hand, continuing in its downward motion, was severely cut, and is now, he claims, permanently impaired.;2;Welge brought this products liability suit in federal district court under the diversity jurisdiction, Illinois law governs the substantive issues. Welge named three defendants (plus the corporate parent of one--why we don't know). They are K-Mart, which sold the jar of peanuts to Karen Godfrey, Planters, which manufactured the product--that is to say, filled the glass jar with peanuts and sealed and capped it, and Brockway, which manufactured the glass jar itself and sold it to Planters. After pretrial discovery was complete the defendants moved for summary judgment. The district judge granted the motion on the ground that the plaintiff had failed to exclude possible causes of the accident other than a defect introduced during the manufacturing process.


Paper#16182 | Written in 18-Jul-2015

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