Ex Parte Sears, Roebuck and Co.

Sears, Roebuck and Co. ("Sears"), the defendant in an action pending in the Jefferson Circuit Court, petitions for a writ of mandamus directing Judge Dan C. King III to set aside his order denying its motion to dismiss. For the reasons discussed below, we deny the petition.

I. Facts and Procedural History

On February 14, 2003, a house fire occurred at the house of John and Shirley Devise. The Devises believed that a Kenmore brand dishwasher purchased from Sears and installed by an individual hired by Sears started the fire. They sued, among others, Sears, Kenmore, Inc., and Neb Bibb, the Sears…