White Consolidated Industry, Inc. v. Swiney

The defendants in this products liability case appeal from a judgment awarding the plaintiffs damages for property consumed by a fire allegedly caused by a defect in an electric stove. The defendants contend that the plaintiffs failed to prove the elements of an actionable breach of an implied warranty of merchantability, that the plaintiffs’ continued use of a product known to be defective barred their claim, and that the plaintiffs failed to prove the quantum of damages claimed.

Plaintiffs Roger Swiney and his wife, Margaret, filed an amended motion for judgment against defendants White…