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Drayton v. Jiffee Chemical Corp.

United States District Court for the Northern District of Ohio

395 F. Supp. 1081 (1975)

Relevant factsFree

James Henderson was using a drain-unclogging product, given to his family by their landlady, when it severely burned his daughter Terri Drayton (plaintiff). Drayton and her mother sued Jiffee Chemical (defendant), the maker of liquid-plumr, alleging that was the product involved; the actual bottle was never produced at trial, but Henderson, Drayton's mother, and the landlady all testified without contradiction that the product was liquid-plumr. Jiffee argued the product was actually a competing, more caustic product called Mister Plumber, pointing to Henderson's testimony that he'd covered the drain with a towel after pouring (a step associated with Mister Plumber's odor warning, not liquid-plumr's odorless label) and to the severity and speed of the burns, arguing they were more consistent with Mister Plumber's harsher sulfuric-acid formula than liquid-plumr's milder sodium hydroxide.

IssueFree

Whether a products-liability plaintiff must prove, by a preponderance of the evidence, the identity of the manufacturer of the product that caused her injury.

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