Speller v. Sears, Roebuck & Co.

OPINION OF THE COURT

Graffeo, J.

In this products liability case, defendants — a product manufacturer and retailer — were granted summary judgment dismissing plaintiffs’ complaint. Because we conclude that plaintiffs raised a triable issue of fact concerning whether a defective refrigerator caused the fire that resulted in plaintiffs’ injuries, we reverse and reinstate the complaint against these defendants.

Plaintiffs’ decedent Sandra Speller died in a house fire that also injured her seven-year-old son. It is undisputed that the fire originated in the kitchen. Plaintiffs commenced this action…