Kessler v. National Presto Industries

1995 WL 871156 (1995)

Facts

Kessler (P) was canning pickles with her friend Penny Kissinger, using a pressure cooker manufactured by D. P let the steam escape and checked that the pressure gauge read 'zero,' before opening the lid. The pan exploded, causing 'numerous, severe and permanent burn injuries' to her body and face. P met with a representative of Ms. Kissinger's homeowner's insurance company. At that meeting, she signed a document entitled 'Release of All Claims' for the 'valuable consideration' of $750. P then filed a products liability claim against D. D removed, on the basis of diversity jurisdiction, and filed a motion for summary judgment asserting it is a third-party beneficiary of the release P signed.