Question
Susan and Frank Ferlito were invited to a Halloween party. They decided to attend as Little Bo Peep (Mrs. Ferlito) and her little sheep (Mr.
Susan and Frank Ferlito were invited to a Halloween party. They decided to attend as Little Bo Peep (Mrs. Ferlito) and her little sheep (Mr. Ferlito). Mrs. Ferlito constructed a lamb costume for her husband by gluing cotton batting manufactured by Johnson and Johnson Products, Inc. to a suit of long underwear. She used the same cotton batting 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 paint. At the party, Mr. Ferlito attempted to light a cigarette with a butane lighter. The flame passed close to his left arm, and the cotton batting ignited. He suffered burns over one-third of his body. The Ferlitos sued Johnson & Johnson to recover damages, alleging that Johnson & Johnson failed to warn them of the ignitability of cotton batting. The jury returned a verdict for Mr. Ferlito in the amount of $ 555,000 and for Mrs. Ferlito in the amount of $ 70,000.
Who is right, the Ferlitos or Johnson & Johnson?
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