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Marie Pierre-Louis v. DeLonghi America, Inc., et al.

New York Appellate Division

887 N.Y.S.2d 628 (2009)

Relevant factsFree

A space heater manufactured by DeLonghi (defendant) and sold by Home Depot (defendant) was placed upside-down on the floor by a family member and caused a fire that killed Cassandra Pierre-Louis; her mother Marie (plaintiff) sued Home Depot, DeLonghi, and the individuals involved, alleging strict products liability on manufacturing-defect, design-defect, and failure-to-warn theories. Home Depot and DeLonghi moved for summary judgment on all claims, which the trial court denied, and they appealed.

IssueFree

Whether a manufacturer of a defective product and the wholesaler, distributor, and retailer who sells the product may be held liable for placing the defective product into the stream of commerce.

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