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

Karen Godfrey bought a 24-ounce vacuum-sealed plastic-capped jar of D peanuts for P at a K-Mart store in Chicago. Godfrey needed proof of her purchase of the jar of peanuts to get a $2 rebate on another product and used an Exacto knife to remove the part of the label that contained the bar code. About a week later, P took some peanuts, replaced the cap, and returned the jar to the top of the refrigerator. A week after that P took down the jar, removed the plastic cap, spilled some peanuts into his left hand to put on his sundae, and replaced the cap with his right hand--but as he pushed the cap down on the open jar the jar shattered. P's hand was severely cut and permanently impaired. P sued in product liability. (Planters made the product, Brockway made the jar, and K-mart sold the goods). Ds moved for summary judgment. The district judge granted the motion in that P had failed to exclude possible causes of the accident other than a defect introduced during the manufacturing process. P appealed.

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