WELGE V. PLANTERS LIFESAVERS CO.
17 F.3d 209 (1994)
NATURE OF THE CASE: Welge (P) appealed a summary judgment for Planters (D) in P's suit
for product liability after a jar shattered, cut, and permanently impaired P's hand.
FACTS: Karen Godfrey bought a 24-ounce vacuum-sealed plastic-capped jar of D peanuts for
P at a K-Mart store in Chicago. Godfrey needed proof of her purchase of the jar of peanuts
to get a $2 rebate on another product and used an Exacto knife to remove the part of the
label that contained the bar code. About a week later, P took some peanuts, replaced the
cap, and returned the jar to the top of the refrigerator. A week after that P 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. P's hand was severely cut and permanently impaired. P sued in product
liability. (Planters made the product, Brockway made the jar, and K-mart sold the goods). Ds
moved for summary judgment. The district judge granted the motion in that P had failed to
exclude possible causes of the accident other than a defect introduced during the
manufacturing process. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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