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Products Liability Keyed Owen, 8th Ed.
Donegal Mutual Insurance v. White Consolidated Industries, Inc.
Citation:
852 N.E.2d 215 (2006)Facts
On May 11, 1995, a fire destroyed the residence of David and Susan Nearon. After investigation, Donegal Mutual Insurance paid the Nearons $130,712.48 for damages. In May 1997, the Nearons filed a lawsuit against White Consolidated Industries, claiming that a Frigidaire electric stove caused the fire. The case was dismissed and refiled, with Donegal joined as a party to assert its subrogation interests. After multiple appeals and a first trial that resulted in a verdict for White, a second trial was held in September 2005. The plaintiffs’ expert, Bernard Doran, testified that an electrical fault within the control switch of the stove caused the fire. Susan Nearon testified that she had merely set the stove to self-clean mode before the fire occurred and that no repairs had been made to the stove in the 18 months since its purchase. The jury found in favor of the plaintiffs on both design defect and manufacturing defect claims, awarding a total of $104,000 in damages. The trial court partially granted White’s motion for JNOV regarding the design defect claim, reducing the award to $52,000.
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