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Sears, Roebuck and Co. v. Midcap

Delaware Supreme Court

893 A.2d 542 (2006)

Relevant factsFree

A gas leak in a stove connection caused a fatal explosion; the Midcaps (plaintiffs) sued Sears (defendant, the stove seller) and Southern States (defendant, the gas supplier) for wrongful death, arguing Southern States had a duty to check gas connections under the voluntary, non-mandatory "GAS Check" inspection program that different suppliers implemented in inconsistent ways; the trial court allowed testimony describing the program but barred an expert from testifying it constituted the industry standard of care, and the jury found against Sears but not Southern States.

IssueFree

Whether the standard of care in a negligence action is the reasonably prudent person standard, which may be based on the custom or practice in a particular industry.

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