Stones v. Sears, Roebuck & Co.

Larry D. Stones and Lorene A. Stones sued Sears, Roebuck & Company (Sears) for fire damage to their home after their Kenmore gas grill caught fire and the fire spread to their house, causing considerable damage. The operative petition sets out a number of theories of recovery, including strict liability in tort, negligence, and breach of implied warranty for a particular purpose. Finding no material issue of fact, the district court granted Sears’ motion for summary judgment on all theories of recovery. Conceding that Sears was not the actual manufacturer of the grill, the Stoneses…