Francis and Barbara Breidor v. Sears, Roebuck and Co. And Whirlpool Corporation

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal requires us to consider whether the district court’s rulings, that restricted direct examination of plaintiffs’ expert as to the probable cause of a malfunction in a refrigerator that allegedly caused a fire that destroyed plaintiffs’ home, constituted harmful error. Because we find that the court’s evidentiary rulings were erroneous and harmful within Fed.R. Evid. 103(a), we will reverse and remand for a new trial.

I

On April 10, 1979, plaintiffs Francis and Barbara Breidor purchased from defendant Sears, Roebuck and Company a refrigerator…