Legal Opinion
Canning v. Broan-Nutone, LLC
District Court, D. Maine
Decided March 30, 2007No. 05-15-B-WPublishedCited by 7 opinions
1Opinion of the Court
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
WOODCOCK, District Judge.
On August 2, 2002, a fire broke out in John and Maribeth Canning’s home, causing extensive damage. The fire originated in the area of a Broan-NuTone, LLC (Broan) exhaust fan and the Cannings 1 have asserted damages against Broan claiming its fan was defective and caused the fire. Absent evidence of a specific defect, the Cannings rely on the malfunction theory, a strict liability analogue to res ipsa loquitur, to establish Broan’s liability. Broan contends it is entitled to summary judgment, because the Cannings have not…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Santiago-Ramos v. Centennial P.R. Wireless Corp.Court of Appeals for the First Circuit · 2000
- Ruiz-Troche v. Pepsi Cola of Puerto Rico Bottling Co.Court of Appeals for the First Circuit · 1998
- Gillen v. Fallon Ambulance Service, Inc.Court of Appeals for the First Circuit · 2002
- Warren B. Sheinkopf v. John K.P. Stone Iii, Etc.Court of Appeals for the First Circuit · 1991
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3Cited by7 opinions
- Doll v. Ford Motor Co.District Court, D. Maryland · 2011
- Esposito v. Home Depot U.S.A., Inc.Court of Appeals for the First Circuit · 2009
- Esposito v. Home Depot U.S.A., Inc.Court of Appeals for the First Circuit · 2009
- RATCLIFFE v. BRP US INCDistrict Court, D. Maine · 2024
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