Speller v. Sears, Roebuck and Co.
Court of Appeals of New York
790 N.E.2d 252 (N.Y. 2003)
Relevant factsFree
Sandra Speller died in a house fire allegedly caused by a refrigerator manufactured by Whirlpool (defendant) and sold by Sears (defendant); with the kitchen destroyed, Speller's estate (plaintiff) offered three experts opining the fire originated in the refrigerator's wiring rather than the stove, while the defendants argued the stove was the actual cause, and the trial court granted the defendants summary judgment.
IssueFree
Whether a plaintiff may recover damages based on strict products liability using only circumstantial evidence.