ferlitov-pearsonhighered（6页）.docVIP

FERLITO v. JOHNSON JOHNSON PROD., (E.D.Mich. 1991) 771 F. Supp. 196 Frank J. FERLITO and Susan Ferlito, individually and as Next Friend for Jennifer Ferlito, Joseph Ferlito and Frank John Ferlito, II, Plaintiffs, v. JOHNSON JOHNSON PRODUCTS, INC., a New Jersey corporation, Defendant. Civ. A. No. 88-71248. United States District Court, E.D. Michigan, S.D. August 22, 1991. Gary C. Berger, Milan, Miller, Berger, Brody Miller, P.C., Detroit, Mich., Kenneth A. Webb, Kenneth A. Webb, P.C., Troy, Mich., for plaintiffs. Robert S. Krause, Brian K. Cullin, Dickinson, Wright, Moon, VanDusen Freeman, Detroit, Mich., for defendant. MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT GADOLA, District Judge. Plaintiffs Susan and Frank Ferlito, husband and wife, attended a Halloween party in 1984 dressed as Mary (Mrs. Ferlito) and her little lamb (Mr. Ferlito). Mrs. Ferlito had constructed a lamb costume for her husband by gluing cotton batting manufactured by defendant Johnson Johnson Products (JJP) to a suit of long underwear. She had also used defendants product to fashion a headpiece, complete with ears. The costume covered Mr. Ferlito from his head to his ankles, except for his face and hands, which were blackened with Halloween paint. At the party Mr. Ferlito attempted to light his cigarette by using a butane lighter. The flame passed close to his left arm, and the cotton batting on his left sleeve ignited. Plaintiffs sued defendant for injuries they suffered from burns which covered approximately one-third of Mr. Ferlitos body. Following a jury verdict entered for plaintiffs November 2, 1989, the Honorable Ralph M. Freeman entered a judgment for plaintiff Frank Ferlito in the amount of $555,000 and for plaintiff Susan Ferlito in the amount of $70,000. Judgment was entered November 7, 1989. Subsequently, on November 16, 1989, defendant JJP filed a timely motion for judgment notwithsta