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Torts Keyed to Epstein
Speller v. Sears, Roebuck & Co
Facts
Speller died in a house fire that also injured her seven-year-old son. It is undisputed that the fire originated in the kitchen. Plaintiff asserted that the fire was caused by defective wiring in the refrigerator, a product manufactured by Whirlpool and sold by Defendant. Plaintiff sued Defendant for products liability. Defendant rejected Plaintiff’s argument that the refrigerator was the source of the fire. Rather, Defendant contended that a stovetop grease fire was the cause of the fire. Plaintiff submitted excerpts from the depositions of two experts and an affidavit from a third, as well as other materials. They all rejected the stove as the source of the fire. Defendant moved for summary judgment. The supreme court denied Defendant’s motion. The Appellate Division reversed, granting Defendant’s summary judgment motion. Plaintiff appealed.
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