Carolyn Kopp v. C. C. Caldwell Optical

Action for damages for personal injuries sustained by Scott Kopp, a minor, when the eyeglasses he was wearing were broken by a rock thrown by another minor, Curt Keirstead, causing glass to enter Scott's eye and damage it. Scott brought suit by his mother as guardian against Keirstead and his parents. Scott's parents also brought suit against those defendants for damages they claimed as a result of their son's injuries. The claims against the Keirsteads were settled by payment of $11,000 to Carolyn Kopp as Scott's guardian and $8,500 to Carolyn and her husband, Earl E. Kopp. The plaintiffs joined in their action claims against C. C. Caldwell Opticians, Inc., the seller of the eyglasses to the Kopps, C. C. Caldwell Optical Company, the operator of a laboratory which processed the lenses sold by Caldwell Opticians, Inc., and American Optical Corporation which allegedly manufactured the lenses processed and dispensed by the Caldwell companies. The petition alleged various grounds of liability of each of the defendants. Upon trial, plaintiffs' claims were submitted on strict liability. The jury returned a verdict in favor of defendants. After the motion for new trial was overruled, plaintiffs appealed.