This section contains the nature of the case and procedural background.

P went into D's clothing store and tried on a pair of pants. P was bitten by a brown recluse spider hiding in the pants. P was hospitalized for 30 days. P sued D in that the slacks were unreasonably dangerous, that D were guilty of several acts of negligence, and third, there was a breach of the implied warranty that the slacks were fit for the purpose for which they were purchased. The court refused instructions offered by P on theories of implied warranty, and strict tort liability, and instructed the jury only on the issue of Ds' alleged negligence. The jury returned a verdict for Ds. P appealed.

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