Lester v. Magic Chef, Inc.

641 P.2d 353 (1982)

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Nature of the Case

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Facts

P was two and one-half years old. P was seriously burned when she climbed upon a gas stove manufactured by D. The stove was in the mobile home occupied by P and her family. One of the burners on the stove was accidentally turned on by P, igniting the garment she was wearing, resulting in severe burns to her upper body and face. P originally sued the garment manufacturers and D. Eventually by the third amended complaint, D was the sole defendant. P claims that D's stove was defectively designed, as the controls for the gas burners were not of a self-latching or two-step variety and accordingly could be accidentally turned on by a child of tender years. The case was submitted to the jury under the theory of comparative fault, and the jury returned a verdict for $300,000.00 actual damages and assessed the comparative fault 50% to Melvin Lester, Tammy's father, 50% to her mother, Linda Lester, and 0% to D. The jury also found that the mobile home manufacturer, Roanna Togs, Richman Gordman, Spring Mills, the mobile home retailer, and the gas valve manufacturer were without fault. P appealed.