Speller v. Sears, Roebuck & Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the issue of what caused a fire was for a jury to decide, where each side’s experts had competently interpreted burn patterns differently
• applying circumstantial manufactured under state of the art conditions” and “complied with applicable industry standards.” Ramos v. Howard Indus., Inc., 10 N.Y.3d 218, 223-24 (2008
• “New York has long recognized the viability of this circumstantial approach in products liability cases.”
• triable issue of fact as to origin of fire when plaintiff presented expert testimony that house fire originated at refrigerator despite fire marshal’s conclusion that fire started at kitchen stove
• “In other words, based on plaintiffs’ proof, a reasonable jury could conclude that plaintiffs excluded all other causes of the fire.”
• “In order to withstand summary judgment, plaintiffs were required to come forward with competent evidence excluding [defendant’s alternative cause evidence].”

Source: CourtListener parenthetical corpus (CC0).