# FILED

February 13, 1998 Cecil W. Crowson Appellate Cou rt Clerk 

## IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

DEBORAH L. CARSON, ) next of kin and parent

of ) MALLORY D. LEDBET TER, ) deceased, ) ) Plaintiff, ) Montgomery Circuit ) No. C10-846 VS. ) ) AGRI-PRODUCTS SPECIAL MARKETS, ) Appeal No. INC. d/b/a SUN

COAST, and ) 01A01-9708-CV-00420 ARMOR-ALL PRODUCTS CORP., ) and ORGAIN BUILDING SUPPLY, CO., ) ) Defendant. )



## O R D E R

This appeal involves a wrongful d eath case filed by

the parent of a six-

year-old child. The parent filed suit in the Circuit Co urt for Montgomery County alleging that her daughter’s death w

as caused by e

xpos ure to a household cleaning product marketed and distr

ibuted by Armor-All Corporation. The complaint named as defendants Armor-All Corporation, Agri-Pro ducts Special Mark ets , Inc., the compan y from whom

Armor-All had pu

rchased the

line of household clea

ning products, and Orgain Building Supply Company , the company from whom the pa

r ents had purchased the product. The c omplaint also allege

d four causes of ac

tion including negligence, stric

t liability, misrep

resentation, and br

each of warrant

y.
Agri-Products

moved for a summar

y judgment seeking dismi ssal of all claims
on the gr ound that “the undisputed evidence establishes that Agri-Produc ts has no connection

with the events upon

whic h the plaintiff base s her cause of acti on” and supported this motion with evidence that it had sold the entire product line to ArmorAll in January 1994 and that the product allegedl y causing the child’s d

eath had been manufactured in March 1994. In a n order entered on Ju

ly 21, 1997 , the trial court granted Agri-Produc

ts’s summary judgmen

t motion and certifi

ed its judgment a s fina l-2-

in accordance with Tenn. R. Civ. P . 54.02. The dec eased child’s pare

nt has perfected this appeal as of rig ht.

After the parties filed their b riefs, they filed a stipulation in accor

dance with Tenn. Ct. App. R. 13 on January 9, 1 998 seeking an accele rated appeal. This court heard oral argument on Fe bruary 6, 1998. Ba

sed upon consideration of the parties’ briefs and arguments and the record on appeal in the cause, this cour t announced in open court following ar

gument that the order

granting A gri -Products’s motion f or summary judgment shoul d be affirmed.

It is, therefore,

ordered, adjudged and decreed that the order entered on Jul

y 21, 199 7, granting Agri-Pr

oducts’s motion for sum mary judgment be and i s hereb y affirmed and that

the case is remand

ed to the trial court

for further proce

edings.

It is furthered ordered that Argi-Produc ts’s request for da

mages for a frivol

ous appeal pursuant to T

enn. Code Ann. § 27- 1-122 (1980) be and is he reby denied.

It is further ordered that the co sts of this appeal be and ar

e hereby taxed to Deborah L. Carson, prin cipal, and Joe Bedn

arz, surety, fo

r which execution,

if necessary, may issue.
ENTER, this __

___ day of February ,

1998.

__________________________________ HENRY F. TODD, PRESIDING JUDGE MIDDLE SECTION

__________________________________ BEN H. CANTRELL, JUDGE

__________________________________ WILLIAM C. KOCH, JR., JUDGE