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No. 127718 127734
| Cheryce Greene, as Personal Representative |
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Ramona C. Howard |
| of the Estate of Keimer Easley, Deceased, |
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Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals)
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(Wayne - Tertzag, K.) |
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| A.P. Products, Ltd., and Revlon |
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Ernest R. Bazzana |
| Consumer Products Corporation, |
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Defendants-Appellants, |
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| and |
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| Super 7 Beauty Supply, Inc., f/k/a Pro Care |
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| Beauty Service, Inc., f/k/a Pro Care Beauty Supply, |
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Defendants-Appellees, |
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| and |
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| Raani Corporation, |
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Defendant. |
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| ---------------------------------------------------------------- |
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| Cheryce Greene, as Personal Representative |
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| of the Estate of Keimer Easley, Deceased, |
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Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals)
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(Wayne - Tertzag, K.) |
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| A.P. Products, Ltd., and Revlon |
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Consumer Products Corporation, |
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Defendants-Appellees, |
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| and |
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| Super 7 Beauty Supply, Inc., f/k/a Pro Care |
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Howard S. Weingarden |
| Beauty Service, Inc., f/k/a Pro Care Beauty Supply, |
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Defendants-Appellants, |
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| and |
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| Raani Corporation, |
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Defendant. |
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_____________________________________ |
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Click to view briefs in Adobe format:
127718 - Plaintiff-Appellee's Brief on Appeal>>
127734 - Plaintiff-Appellee's Brief on Appeal>>
Defendants-Appellants A. P. Products Limited and Revlon Consumers
Products Corporation's Brief on Appeal>>
Defendants-Appellants A. P. Products Limited and Revlon Consumers
Products Corporation's Reply Brief>>
Defendants-Appellants Super 7 Beauty Supply, Inc.'s Brief on Appeal>>
Background
Cheryce Greene purchased a bottle of Ginseng Miracle Wonder 8 Oil, Hair & Body Mist–Captivate from Super 7 Beauty Supply. The packaging for Wonder 8 Oil, including the labeling, is manufactured by A. P. Products, Ltd., which was later acquired by Revlon. The spray-on product contained no warnings that it could be harmful or fatal if swallowed, or that it should be kept out of the reach of children. Greene’s 11-month-old son died from ingesting a significant amount of the product into his lungs after it was left out, with a cracked spray cap, where the child could reach it; the cap came off when the child lifted the bottle, allowing the oil to dump onto his face. Greene sued Super 7 Beauty Supply, A.P. Products, and Revlon. Super 7 Beauty Supply moved for summary disposition, arguing that the case against it should be dismissed because Greene had failed to establish that Super 7, as the product’s seller and not the manufacturer, was independently negligent. Super 7 further argued that Greene had not shown that the product was unfit for its ordinary uses or for a particular purpose. A. P. Products and Revlon also moved for summary disposition, contending that the lack of a warning was not the proximate cause of the child’s death and that the product was misused in a way that was not reasonably foreseeable. The trial court granted summary disposition to all the defendants and dismissed the Greene’s lawsuit. Greene appealed. In a published opinion, the Court of Appeals reversed the trial court’s ruling and remanded the case for trial. The Court of Appeals concluded that a jury should be allowed to decide whether the Wonder 8 Oil required a warning and whether Greene established that a defect in the product was the proximate cause of her son’s death. The defendants appeal.
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