RAEL V. F & S COMPANY, INC. 612 P.2d 1318 (1979) CASE BRIEF

RAEL V. F & S COMPANY, INC.

612 P.2d 1318 (1979)

NATURE OF THE CASE: F&S (D) appealed a judgment in favor of Rael (P), the father of a child injured by the sudden explosion of a firework.

FACTS: Twelve-year-old Everett was injured by a sudden explosion of a firework. P filed this action against the fireworks supplier, Onda Enterprises, Ltd. (Onda), and the seller, D. The firework which caused the injury was purchased from D, but had been manufactured by Gou Chien Fireworks Mfg. Co., Ltd., a Taiwan entity on which service was never effectuated, sold by Gou Chien to Onda, a Japanese corporation, and then sold to D, a New Mexico corporation. In 1973, D did some testing of the fireworks received and found some of them to be defective. It then registered a complaint with Onda, which agreed to give D full credit, including freight and duties, for the defective batches and asked that the remainder of the batches be destroyed at Onda's expense. D agreed, and was given full credit for the batches about which it had complained. However, in July 1974, after taking some steps to remove the defective items from distribution, D sold the firework which injured Everett. Each D filed a claim seeking indemnity which the trial court dismissed. P got the verdict for $339 and for $7,000 for Everett. D appealed seeking indemnity from Onda, and that the court erred in granting an instruction permitting the award of damages for future pain and suffering.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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